:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2066 OF 2008 WITH CIVIL APPLICATION NO. 4605 OF 2008 The United Indian Insurance Co. Ltd. ..Appellant Vs. Mrs. Kumud Gondya Misal and ors. ..Respondents Mr. Pankaj Das i/by Mr. Rohan Darandale for appellant. Mr. R.B. Chavanke for respondent no.1. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : March 19, 2009. Date : March 19, 2009. Date : March 19, 2009. P.C.: P.C.: P.C.: 1. This appeal filed under Section 173 of the Motor Vehicles Act, 1988 arises from the award passed by the Motor Accident Claims Tribunal at Palghar on 17/10/2007 in Claim Petition No. 106 of 2005. 2. Mr. Das h/f Mr. Darandale the learned counsel appearing for the appellant states that he has :2: oral instructions from the appellant - Insurance Company to withdraw the appeal with liberty to approach the Claims Tribunal to set aside the ex parte award dated 17/10/2007. 3. It is noticed that after the claimants filed Claim Petition No. 106 of 2005, the present appellant-Insurance Company was served with notice by the Claims Tribunal vide Exh. 10, but it remained absent and did not take any step to contest the Claim Petition. Consequently, the Tribunal proceeded ex parte against both the opponents i.e. the owner of the vehicle as well as the appellant - Insurer. This appeal has been filed in August 2008 i.e. almost after 10 months from the date of the impugned award and is being sought to be withdrawn after more than six months from its filing. Mr. Chavanke the learned counsel appearing for the claimants, therefore, prayed for awarding costs while granting leave to withdraw the appeal. 4. Leave granted and the appeal is disposed as withdrawn with liberty as is available in law. We :3: make it clear that if and when an application is filed by the appellant before the Claims Tribunal for setting aside the ex parte impugned award, the said application shall be considered on its own merits and without being influenced by any observations made in this order. Appellant to pay costs quantified at Rs.3000/-. The amount of costs shall be paid to the claimants as a condition precedent. 5. Civil Application No. 4605 of 2008 does not survive and shall stand disposed as such. (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)