Sakhubai Devidas Nilkanth And Others v. Dhanraj Gajanan Saraskar And Another

12 fa.1797.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

FIRST APPEAL NO. 1797 OF 2015 SAKHUBAI DEVIDAS NILKANTH AND OTHERS

VERSUS

DHANRAJ GAJANAN SARASKAR AND ANOTHER ...

Advocate for Appellants : Mr. Pavankumar S. Agrawal. Advocate for Respondent No.1 : Mr. Pravin N. Kalani. Advocate for Respondent No.2 : Mr. Arun G. Kanade. ...

CORAM :

V. K. JADHAV, J.

DATE :

14th March, 2017.

P.C.:

.

The learned counsel for Appellants, on instructions, seeks leave to withdraw this appeal / original petition bearing W.C.F.A. No.19 of 2012 before the Commissioner for Employee's Compensation, Parbhani with liberty to file the claim petition under the provisions of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. Leave granted. First Appeal No.1797 of 2015 alongwith W.C.F.A. No.19 of 2012 of 2012, are hereby disposed of as withdrawn with liberty to the Appellants / original Claimants to prefer the claim petition under the provisions of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal for compensation. All the points kept open before the Tribunal including the objection, if any, raised by the other side about the maintainability of such claim petition before the Tribunal under the provisions of the Motor Vehicles Act, 1988. [ V. K. JADHAV, J. ] ndm