1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. First Appeal St. No.912 of 2009 [New India Assurance Co. Ltd. Vs. Smt. Savita Gopalrao Shete & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.N. Ukey, Adv., for the appellant. Mr. P.D. Naukarkar, Adv., for respondent nos. 1 and 2. ----- CORAM : A.H. JOSHI, J. DATE : 01st July, 2009. 1. This is an appeal by Insurance Company who had contested the claim on the ground of breach of policy. 2. Heard learned Adv. Mr. S.N. Ukey for the appellant and learned Adv. Mr. P.D. Naukarkar for respondent nos. 1 and 2. 3. It is an admitted fact that beyond filing of Written Statement, the Insurance Company did not bring any evidence, and left the learned Labour Court to speculate on the defence. 4. It is common knowledge and ground that defence based on denial of liability on factual 2 grounds, i.e., breach of policy, based on facts, such as excess number of passengers, as to want of driving license, negligence of some other vehicle, whatsoever, except a pure question of law, has to be proved by rebuttal evidence by the Insurance Company. 5. Admittedly, no evidence is tendered by the appellant. On this sole ground, it is clear that the appellant is not able to show as to on what ground the impugned Award is erroneous. 6. The Appellant-Insurance Company does not like the Award is a different than that the Insurance Company has a ground to challenge it, which is not shown or seen to exist. 7. In these premises, the appeal, which is without any ground and merit, deserves to be rejected, and is rejected without calling for record. Judge |Hedau|