Mahadeo Anandrao Jadhav v. Kulwantsingh Bajasingh Siddhu And Others

(1) 26 - FA St. 2514.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 FIRST APPEAL ST. NO. 2514 OF 2015 WITH CA/3785/2019 WITH CA/1936/2015 WITH CA/1937/2015 IN FAST/2514/2015 MAHADEV ANANDRAO JADHAV

VERSUS

KULWANTSINGH BAJASINGH SIDDHU AND ORS.

......

Mr. A.A.Mukhedkar, Advocate for Appellant.

Mr. Quadri Taher Ali, Advocate for R - 1 to 3. ......

CORAM : V.L.ACHLIYA, J.

DATE : 08/04/2019 ......

ORAL ORDER :

1.

The present appeal is preferred by the alleged owner of the vehicle involved in the accident as against the order to pay compensation u/s 140 of the Motor Vehicles Act, 1988 [for short, 'said Act'] passed by the Motor Accident Claims Tribunal, Nanded.

2.

Learned counsel for the parties submit that during the pendency of the appeal, main Claim Application filed u/s 166 of the said Act has been decided and appellant is directed to pay the compensation of Rs. 2 Lakhs with interest @ 9% per annum with costs to the respondents/claimants. The amount of compensation awarded also includes the amount to be payable as 'no

(2) 26 - FA St. 2514.2015 fault liability' awarded u/s 140 of the said Act. 3.

In view of disposal of Claim Application filed u/s 166 of the said Act, no cause survives to prosecute the appeal. The appeal is disposed of as infructuous. The amount,if any, deposited by appellant as statutory deposit be transferred to the Motor Accident Claims Tribunal, Nanded to be adjusted towards satisfaction of award passed in M.A.C.P. No. 332/2013.

4.

The appeal stands disposed of in above terms. Civil Application, if any, pending stands disposed of in terms of disposal of appeal.

[V.L.ACHLIYA] JUDGE KNP.