1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1308 OF 2010 Sadashiv Shamrao Rasal & Ors. .. Appellants V/s Shahanawaj Adul Rajjak Karnalkar & Anr. .. Respondents Mr.T.S.Ingale for the Appellants. CORAM: A.S.OKA, J. DATE: 15TH OCTOBER, 2010. P.C.: 1. Heard learned counsel appearing for the Appellant. On 9th September, 2010 notice for final disposal was issued. Notice is duly served. None appears for the Respondents. 2. Appellants are the claimants in the claim petition u/s.166 of the Motor Vehicles Act, 1988. Claim petition has been dismissed only on the ground that the driver of the offending vehicle has not been made party. 3. The learned counsel appearing for the appellants states that without going into the controversy as to whether the driver is a necessary party, the appellants may be permitted to implead driver as a party opponent to the claim petition. 4. In view of this, appeal is disposed of by passing the following 2 order:- (a)Impugned judgment and award dated 29th June, 2010 is quashed and set aside (b) Mother Accident Claim Petition No.273 of 2007 is restored to the file. (c) Appellants are permitted to amend the claim petition for impleading the driver of the vehicle as a party. (d) After issuing notice, the Tribunal will decide the claim petition afresh. However, evidence which is already on record shall be taken into consideration by the Tribunal and the parties will be entitled to lead such further evidence as may be necessary on account of impleadment of the driver. It is obvious that the Tribunal will permit the driver to file the written statement. (e) Hearing of the claim petition is expedited. Claim petition shall be disposed of on or before 30th June, 2011. 5. Appeal is partly allowed in the above terms, with no order as to costs. (A.S.OKA, J.)