1 70 fa.765.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 765 OF 2011 Rajeev Ramesh Shaha. ... Appellant Versus Maruti Bhanudas Mahadik and another. ... Respondents ­­­­­ Mr. Shrikant Chavan i/b Mr. Umesh R. Mankapure for the Appellant. ­­­­­ CORAM : A.S.OKA, J. DATE : 15 th July, 2011. P.C. 1 Heard the learned senior counsel appearing for the Appellant. 2 The learned counsel appearing for the Appellant states that the private notice has been served to the Respondents in terms of the order dated 6 th June, 2011. 3 In this Appeal, a notice for final disposal was issued. The Appeal is preferred by the original Claimant in a Claim Petition under Section 166 of the Motor Vehicles Act, 1888 ( hereinafter referred to as “the said Act”). The Claim Petition has been dismissed only on the ground that the Appellant has not impleaded the Driver of the alleged offending vehicle as party­Opponent to the Claim Petition. 2 70 fa.765.11 4 The learned counsel appearing for the Appellant on instructions states that without prejudice to the contention of the Appellant that the Driver is not a necessary party, the Appellant is ready and willing to implead the Driver as a party and, therefore, an order of remand may be passed. 5 Both the Respondents are served. 6 In view of the statement made by the learned counsel appearing for the Appellant, I pass the following order : i. The judgment and award dated 29 th June, 2010 is quashed and set aside and the Motor Accident Claim Petition Nos.267 of 2007 is restored to the file of the Tribunal ; ii. On formal application being made by the Appellant, the Tribunal shall permit the Appellant to implead the Driver as a party Opponent ; iii. The Claim Petition shall be decided afresh as expeditiously as possible and preferably before the 31 st March, 2012 ; and iv. All the contentions of the parties on merits are kept open. [ A.S.OKA, J ]