224-FA-589-2005 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 589 OF 2005 Sadashiv Ramchandra Kudtarkar …...Petitioner Versus Dinesh Pandurang Shere And Anr. …...Respondent —————— None for Appellant. Mr. Shubham Gangan i/b. Mr. Harshad Bhadbhade for Respondent No.1. —————— Coram : ASHWIN D. BHOBE, J. Date : 28th September 2026. PER COURT : 1. This Appeal arises out of the Judgment and Award dated 9th October 2003 passed by the Motor Accidents Claims Tribunal, Ratnagiri, in Motor Accident Claim Petition No. 23 of 2001. 2. The Appellant is the original Opponent No. 1 (Sadashiv Ramchandra Kudtarkar) in Motor Accident Claim Petition No. 23 of 2001. 3. By the Judgment and Award dated 9th October 2003, the Claimant has been awarded an amount of Rs.2,50,000/- along with interest at the rate of 9% per annum. osk 1 of 2 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.29 10:01:12 +0530 224-FA-589-2005 (C).docx 4. Respondent No. 2 in the present Appeal, i.e. original Opponent No. 2, was granted liberty to pay the amount to the Claimant and recover the same from Appellant - Opponent No. 1 under Section 174 of the Motor Vehicles Act, 1988. 5. Today, the name of the Advocate for the Appellant / Advocate on Record (Mr. Arfan Sait), was called out by the Sheristedar. None appears, either physically or through V.C. mode. 6. This Appeal was placed before the Lok Adalat. Mr. Shubham Gangan, learned Advocate for the Respondent No.1 refers to the order dated 1st December 2024 passed in this Appeal, which reads as follows : “1. Learned counsel for the Respondent is present. None for the Appellant. Learned counsel for the Respondent states that the Appellant has expired. 2. List the Appeal before the Regular Court. Remove from the board of Lok Adalat.” 7. In view of the statement recorded on 1st December 2024 before the Special Lok Adalat, upon the death of the sole Appellant (Sadashiv Ramchandra Kudtarkar), this Appeal stands abated. 8. In view of the above, First Appeal No. 589 of 2005 stands dismissed as abated. [ ASHWIN D. BHOBE, J. ] osk 2 of 2