((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1383 OF 2008 WITH CIVIL APPLICATION NO.287 OF 2007 IN FIRST APPEAL NO.1383 OF 2008 Shaukat Adam Mujawar Appellant versus Dattu Krishna Powar & others Respondents Mr.P.D.Dalvi for appellant. CORAM : A.A.KUMBHAKONI, J. DATE : 04th September 2008 PC : 1. This First Appeal is filed by the original first opponent, taking exception to the judgement and award passed by the Member, Motor Accident Claims Tribunal, Kolhapur on 21st February 2004 in Motor Accident Claim Petition No.287 of 1997. The present appellant (original opponent no.1) is the owner of the vehicle that was involved in the incident dated 5th May 1997 in which the predecessor of the original applicants (respondent nos.1 and 2 herein), died. ((-2-)) 2. The present appellant though appeared upon service of notice of the original application before the MACT, did not bother to even file his written statement opposing the original application. Obviously, the present appellant has not led any evidence before the Tribunal opposing the case tried to be made out by the applicants. 3. In view of the aforesaid vital lapses on the part of the original first opponent i.e. appellant herein, I do not find any substance in the present appeal. 4. In view of the facts and circumstances of the case and the findings recorded by the Tribunal in its impugned judgement, the appeal is dismissed. 5. In view of dismissal of the appeal, Civil Application No.287 of 2007 does not survive and stands disposed off as such. (A.A.KUMBHAKONI, J.)