1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1915 OF 2009 WITH CIVIL APPLICATION NO.4926 OF 2009 Mr.Yeshwantrao Mahadev Jadhav )..Appellant V/s. Smt.Seema Maruti Veer & Ors. )..Respondents ­­­­ Mr. Sameer S.Tambekar for the appellant. ­­­­ Coram : R.S.MOHITE,J Date : 11th January, 2010 PC 1 This is a First Appeal filed by the owner of the truck, impugning an order passed by the Member, MACT Karad on 11.9.2009 awarding compensation of Rs.6,00,000/­ to the respondents. It is firstly contended that the owner of the truck had made an agreement with his own driver asking him not to take gratuitous passengers. In this regard the Court has held this evidence regarding the alleged agreement as unreliable because the driver has categorically admitted in his cross­examination that he was actually engaged only on the very date of the accident. As regards the first point, reliance is placed upon the judgment of this Court in the case of Babarao T.Dhale Vs. Sk.Naseer Sk. Yakub reported in 2006(4) Bom. C.R. 879. In that case the evidence of the driver was accepted as genuine by the 2 Tribunal, which is not the fact situation of the present case. The agreement in question was of the previous year. I have perused the evidence of the driver and no fault can be found with the findings of the tribunal. The other point sought to be argued is that the Court has taken into consideration the gross salary and not the net salary. The difference between the gross and net salary are also benefits which accrues to the victim. There is no substance in this point also. Since no other point is argued, in my view, there is no substance in the First Appeal and the same is summarily dismissed. CIVIL APPLICATION 4926 OF 2009 As the First Appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3