IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.520 of 2009. FIRST APPEAL NO.520 of 2009. FIRST APPEAL NO.520 of 2009. Smt.Pramila Manohar @ Babu Satpute & Ors. ..Appellants versus Shivaji Dhondiba Khese & Others ..Respondents Mr.T.J.Mendon for the appellants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 21st April, 2009. DATED : 21st April, 2009. DATED : 21st April, 2009. P.C. 1. Manohar, the husband of the appellant No.1 was in the employment of respondent No.1 as driver. Said Manohar met with an accident in relation to the car which was owned by respondent No.1, on 9.5.2002. An application was made by the present appellants for compensation in accordance with the provisions of Workmen Compensation Act (hereinafter referred to as the said Act). The Commissioner, under the Workmen Compensation Act, 3rd Labour, Court, Pune decided the said application and rejected the said application by judgment dated 10.2.2009. This judgment is challenged under the first appeal. -2- 2. I have heard learned Advocate Mr.Mendon, on behalf of the appellant. In the midst of arguments, learned Advocate Mr. Mendon applied for withdrawal of this appeal with liberty to file application for compensation by the appellants under the Motor Vehicles Act. In my view, the course adopted by the appellants is proper and if such an application is filed by the appellants for compensation on account of death of Manohar, the said Court shall consider the application on merits without going into the dismissal of the application dated 10.2.2009 because in this Compensation Application no evidence is discussed as regards the negligence of the driver who was at the relevant time driving the vehicle, namely P.W.2 by name Rajendra Namdeo. 3. For the reasons mentioned aforesaid, I pass the following Order: ORDER i. Appeal is allowed to be withdrawn with liberty to file application for compensation under the Motor Vehicles Act. -3- ii. The Competent Court shall consider the matter on merits without going into the dismissal of the application filed by said Pramila Manohar. iii. There shall be no Order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)