1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1148 OF 2008 Smt. Leela Mahadeo Patil & Anr. ..... Appellants vs. Shri Babu Ganpati Potdar & Ors. ..... Respondents Mr.Milind Deshmukh, Advocate for appellant. Mr.C.M. Lokesh i/by Mr.G.S. Hegde & Associates for respondent no. 4. Mr.Sanjay Shinde h/f Mr.M.M. Sathaye, Advocate for respondent nos. 5 & 6 CORAM : SMT.R.P.SONDURBALDOTA, J. DATED : 13th November, 2009. PC : 1. Heard learned counsels for the parties. Records and proceedings were dispensed with. 2. This appeal is preferred to challenge the correctness and legality of the judgment and order dated 10th January 2008 passed by Motor Accident Claims Tribunal, Kolhapur in Motor Accidents Claim Petition No.129 of 2007. By the impugned judgment and order, the claim petition has been dismissed. 3. Appellant no.1 is the second wife of deceased-Mahadeo, who died in the motor accident, appellant no.2 is the mother of deceased who is original respondent no.7. Thus in the present 2 appeal, the original applicant and original respondent no.7 have joined together to challenge the impugned judgment and order. The learned Tribunal dismissed the application on the ground that the appellant no.1 not being the legal representatives of Mahadeo is not entitled to receive compensation on account of his death. It is undisputed position that respondents no.1 and 2 had also filed an application claiming compensation on account of accidental death of Mahadeo being Motor Accident Claims Petition No.684 of 2004 and it was allowed on 10th January 2008 and these respondents have already received the compensation awarded by the Tribunal. As regards the challenge to the impugned judgment and order by appellant no.2, the same is misconceived in the present proceedings. Appellant no.2 now needs to claim share in the compensation awarded to respondent no.2 and 3 in the Motor Accident Claims Petition No.864 of 2004. As there is no controversy arising in the proceedings for consideration of the Court, the First Appeal is dismissed. (Smt.R.P.SondurBaldota, J.)