1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.3782 OF 2008 WITH CA NOS.10812/08 & 1205/2009 Office notes, office Memoranda of Coram, Appearances, Court s’ Orders or directions and Court’s or Judge’s Order Registrar s Orders.. ’ CORAM : K.U. CHANDIWAL, J. DATED : 17th JUNE, 2009 --- P.C.:- 1) Heard Mr.A.V.Patil, for the appellant and Mr. S.s.Choudhari for the respondent extensively. 2) In an unfortunate accident the victim, a girl, expired. The allegations are, she was mentally depressed. The claim was moved by her brother, staking his relation and as legal representative in the matter. The learned Judge in the light of application moved under Section 140 of the Motor Vehicles Act, allowed the claim petition by order dated 8.8.2008. The appellant/original respondent is aggrieved, as according to him, the nexus of the claimant with the 2 deceased is not established and consequently, the order under challenge requires interference. 3) At the stage of deciding the application filed under Section 140 of the MV Act, the very title thereof indicates that it is under no fault liability, it was not open to accelerate that the claimant was not at all legal representative. This aspect can be dealt with while adjudicating the main petition under Section 166 of the Motor Vehicles Act. The learned Judge seized with the matter is bound to take note of this objection accelerated by the original Respondent. At this stage of the matter, it cannot be said that the order under challenge needs any interference. It is informed at Bar by Mr. Choudhari that the proceedings for getting Succession Certificate are in progress. I do not see any reason not to believe this statement. The appeal lacks merit, it is dismissed. No costs. In view of dismissal of appeal, CA for stay does not survive, it is rejected. 4) By CA No.1205/09, the applicant/claimant seeks withdrawal 3 of the amount. The claimant/respondent herein is allowed to withdraw the amount deposited in this Court. CA allowed to the above extent. (K.U. CHANDIWAL) JUDGE agp/bdv/fa3782.08