1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7715 OF 2009 IN FIRST APPEAL NO.1771 OF 2009 Shankar s/o Pandhari Kagne .. APPLICANT VERSUS Fatrubee w/o Abdul Rehman Shaikh & others .. RESPONDENTS Shri S.B. Gorde Patil, Advocate for the applicant. Shri R.B. Deshmukh, Advocate for respondent nos. 1 to 5. ===== CORAM : P. R. BORKAR, J. DATE : 7 th JULY, 2010. PER COURT : 1 Adv. Shri S.B. Gorde Patil is present for the applicant. Adv. Shri R.B. Deshmukh is present for respondent nos. 1 to 5. 2 Adv. Shri Gorde Patil states that the accident had occurred on 4-3-2007 and the report regarding accident was lodged on 19-3-2007. Panchanama was drawn on 19-3-2007. According to the advocate for the applicant, his vehicle is not involved in the accident and it is a 2 false case. He further states that no post mortem report is produced to show cause of death. There are no medical reports to show that deceased was 83 years of age at the time of accident. However, trial court in paragraph no. 12 of the judgment has stated that the claimants succeeded in proving expenditure of hospitalisation and treatment of Dr. Jagdish Agroya and, total amount spent was Rs. 45,562/-. Adv. Shri R.B. Deshmukh submits that the appellant may dispose of his vehicle so, he be directed to deposit at least Rs.1,00,000/- in this court. It is stated that Rs.20,000/- is deposited in this court. However, nothing was paid to the applicant towards ‘no fault liability’ amount. 3 It is the case of the appellant that the old person was 83 years of age at the time of accident. This court by order dt. 3-8-2009 has issued stay in terms of prayer clause ‘C’ on deposit of Rs.20,000/-. In my opinion it is necessary to deposit amount of Rs.30,000/- more, which shall be minimum amount to be paid in case it is ultimately proved that the vehicle in question is involved in the accident. In this 3 view of the matter, on condition of depositing additional amount of Rs.30,000/- within 8 weeks from today, stay in terms of prayer clause ‘C’. In case the amount is not deposited in time, the application shall stand dismissed without back reference to the court. 4 Authentic copy of the order be supplied to the parties. ( P. R. BORKAR, J.) dyb/office/ca7715.09.odt