1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 309 OF 1994 Maharashtra State Road Transport Corporation, Parbhani Division Through its Divisional Controller, M.S.R.T.C., Division, Parbhani. ....Appellant. Versus 1. Chantappa s/o. Govind Chitalwar , R/o. Bhivandi, Tq. Bhivandi, Dist. Thane & one other ....Respondents. Shri. A.D. Wange, Advocate for the appellant. CORAM : R.K. DESHPANDE, J. DATE : 27TH JULY, 2009 PER COURT : 1. By this appeal, the appellant challenges the judgment and award dated 13.10.1993, passed by the learned Member, Motor Accident Claims Tribunal, Parbhani in MAC Case No. 29/1991, directing payment of compensation of Rs.88,000/- along with interest at the rate of 12% p.a. from the date of the application from the respondents. The appellant M.S.R.T.C. has deposited an amount of Rs.25,000/- in this Court on 2 4.1.1994. 2. This appeal has been dismissed against the respondent No. 1 Chantappa s/o. Govinda Chitkalwar, who is the original claimant, by an order dated 2.5.2006 passed by the Registrar, on the ground that the appellant has failed to supply copy of newspaper in which notice issued to respondent No. 1 was published. The respondent No. 2 is the driver and an employee of the appellant Corporation, who has been held jointly and severally liable to pay the amount awarded, alongwith appellant and is not the beneficiary of award dated 13.10.1993. 2. Since the appeal against the respondent No. 1 stood dismissed on 2.5.2006, nothing survives in this appeal. Hence, the same stands dismissed. The amount of Rs.25,000/- deposited by the appellant in this Court on 4.1.1994 be remitted to the executing court to process it in accordance with law. There shall be no order as to costs. [ R.K. DESHPANDE, J. ] ssc/fa309.94