(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. FIRST APPEAL NO. 2821 OF 2008 Nanasaheb s/o. Bankat Bhairat. .. Appellant (Original respondent no.1 ) versus 1. Gulab s/o. Baburao Rathod, .. Respondents 2. Shahjaji s/o. Baburao Rathod, (Nos.1 to 6 - 3. Suresh s/o. Baburao Rathod, Original claimants, 4. Dayanand s/o. Baburao Rathod, and No.7 - 5. Surekha w/o. Vinayak Jadhav, Original respondent 6. Kantabai w/o. Uttam Chavan, no.2 ) 7. The New Indian Assurance Co. Ltd., Beed. ....................... Mr. K.B. Jadhavar, Advocate, for the appellant. Mr. B.B. Ghute, Advocate, for respondent nos.1 to 6 (Absent). Mr. A.S. Osmanpurkar, Advocate, holding for Mr. K.V. Kulkarni, Advocate, for respondent no.7. ........................ (2) CORAM : K.U. CHANDIWAL, J. DATE : 24TH MARCH 2010 COURT'S ORDER : 1. Heard learned Counsel for the appellant (original respondent), owner of the Hero Honda Motorcycle No. MH-25/E-7489. 2. The award in terms of Section 166 of the Motor Vehicles Act, 1988, in Motor Accident Claim Petition No. 86/2004, dated 26-3-2007, is questioned on the point that the appellant, original respondent no.1, could not participate in the matter for several difficulties and resultantly the matter proceeded against him. The second point urged by the learned Counsel for the appellant, is in a criminal prosecution, the appellant Nanasaheb has been acquitted even by observing non- involvement of the motorcycle or the vehicle. The third point which the learned Counsel for the appellant has addressed, is, at the material time, in the light of certificate issued by the management and even the attendance record dated 27-12-2003, the appellant Nanasaheb was pursuing his vocation as a Teacher. A request is made to remand the matter. (3) 3. The grounds mentioned, does not project, appellant had oblique motive to avoid petition. He may be having a reasonable ground to explain his stand. He needs to be heard. As it is, the petition is of 2004. An amount of Rs. 50,000/- is already deposited by the appellant. In addition, the appellant shall deposit an amount of Rs. 50,000/- (Rupees fifty thousand) with the Motor Accident Claims Tribunal, Osmanabad, within a month from today. The matter is remitted to the learned Member of the Motor Accident Claims Tribunal, Osmanabad, to allow opportunity to the appellant Nanasaheb to answer the claim and also to adduce evidence. Equal opportunities will be available to the claimants to address. 4. The order under challenge is set aside. The First Appeal is allowed to the extent indicated above. No opinion is expressed on merits of the case. ( K.U. CHANDIWAL ) JUDGE ......................... bgp/fa2821