1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application No. 6767 of 2008 IN First Appeal St. No. 11662 of 2008 [The Oriental Insurance Co. Ltd. Vs. Vakil Ahmedbhai Fafarbhai & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.R. Godbole, Adv., for the applicant. Mrs. Anita Singh, Adv., for respondent no.3. ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 21st November, 2009. Heard. Accepting the reasons explaining the delay caused in filing of appeal, civil application is allowed and disposed of. Judge Judge |Hedau| 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR First Appeal St. No. 11662 of 2008 [The Oriental Insurance Co. Ltd. Vs. Vakil Ahmedbhai Fafarbhai & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.R. Godbole, Adv., for the appellant. Mrs. Anita Singh, Adv., for respondent no.3. ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 21st November, 2009. 1. Heard. 2. Insurance Company-appellant has been held responsible for the contributory negligence. 3. It is not in dispute that there was a head on collision of both the vehicles involved. 4. Thrust of submissions in appeal is on the ground that in the crime, which was registered due to the subject accident, the charge-sheet was filed only against the truck owner. 3 5. Record shows that the Insurance Company did not exert even little to prove that there was no contributory negligence on the part of the driver of the insured vehicle of claimant. 6. It is, thus, clear that the contributory negligence has been duly proved, and just because the Insurance Company does not like the Award, it cannot be challenged. 7. The Judgment is not shown to suffer from any illegality. 8. In the circumstances, appeal has no merit, and is dismissed. Judge Judge |Hedau| 4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application St. No.11667 of 2008 IN First Appeal St. No. 11662 of 2008 [The Oriental Insurance Co. Ltd. Vs. Vakil Ahmedbhai Fafarbhai & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.R. Godbole, Adv., for the applicant. Mrs. Anita Singh, Adv., for respondent no.3. ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 21st November, 2009. Heard. In view of dismissal of appeal, this application does not survive, and is dismissed. Judge Judge |Hedau| 5