1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD F.A. NO.1008/2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. Sanjay Mundhe, Advocate for appellant. Mr. K.B. Jadhavar, Advocate for respondents no.2 to 6. [CORAM : K.U. CHANDIWAL, J ] Date : 29th March, 2010. PER COURT : 1 Heard Mr. Mundhe extensively, the matter is finally heard at admission stage. 2 Owner of the vehicle is in appeal facing fixing of liability in terms of application under section 140 of the Motor Vehicles Act. 3 During the course of submissions, Mr. Mundhe and Mr. Jadhawar informs, petition under section 166 of the Motor Vehicles Act is pending before the learned Chairman, M.A.C.T., Majalgaon being M.A.C.P. no. 17/2007. 2 4 At this stage of the matter, I do not see any primary mistake or error on the part of learned judge in fixing liability in terms of Section 140 of the Motor Vehicles Act below Ex. 5 as has been done. However, the learned judge will not be influenced by his own observations and shall independently decide the application under section 166 of the Motor Vehicles Act, including responsibility of the Oriental Insurance Company. The order since does not smack of any irregularity, is confirmed. First appeal lacks merit. Dismissed. 5 Record and proceedings be remitted immediately. [K.U. CHANDIWAL, J.] tsk/fa1008.09