Namdeo Shivram Mahajan v. Ambadas Ghanshyam Paikrao And Another

2024:BHC-AUG:7828 ( 1 ) 23 fa 979.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 FIRST APPEAL NO. 979 OF 2015 NAMDEO SHIVRAM MAHAJAN

VERSUS

AMBADAS GHANSHYAM PAIKRAO AND ANOTHER .....

Advocate for R/2 : Mr. Bodade S.R.

.....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

15.04.2024 P.C.:- 1.

None appeared for the appellant. Heard the learned counsel appearing for the respondent no.2.

2.

The present appeal under Section 173 of the Motor Vehicles Act is directed against the judgment and order dated 10.12.2014 passed by the learned Member, M.A.C.T., Basmath in MACP No.55/2009, whereby the petition of the appellant for compensation has been dismissed on the ground of rash and negligent driving by a driver of unknown vehicle the accident took place, wherein the petitioner/appellant received injuries. Further when the petition is based on the principle of "fault liability" therefore there is no fault on part of the driver of auto rickshaw no.MH-38-1041, hence no question arises for payment of compensation by the respondents jointly and severally to

( 2 ) 23 fa 979.15 the petitioner.

3.

The present appeal is pending since 2015 and the appellant has not taken pain to argue the matter. Therefore, it appears that the appellant might have lost interest in the appeal, hence it is dismissed for want of prosecution.

[Y.G. KHOBRAGADE, J.] mub