1 IN THE HIGH COURT OF JUDICATURE AT BOMABY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1732 OF 2009 WITH C.A.NO.556 OF 2010 United India Insurance Co. Ltd. ..Appellant. Vs. Yogesh T.Sawant and ors. ..Respondents Mr.Rohan Daranmdale for the Appellant. None for the Respondents. CORAM : R.S. MOHITE, J. DATE : 11/3/2010 PC : 1 This is a first appeal filed by the insurance company against the judgment dated 30.1.2009 allowing the claim application filed by the claimants. The decree holds the owner and insurer jointly and severally liable and directs them to deposit a sum of Rs.66,000/- in the tribunal within four months with 7% interest from 1.1.2006 till the realization of the said amount. The only contention raised in the first appeal is that there was no insurance. It is seen from the 2 judgment of the trial court that on behalf of the claimants an insurance note which was Exh.20 drawn on the letter head of the insurance company and bearing No.25550 was produced on record and exhibited. In order to contend that there was no insurance, the insurance company produced its register at Exh.19 which covered the period from 1.12.1998 to 31.3.1999 and contended that the number of the policy was not recorded in the register. As correctly held by the trial court, the insurance company did not make any attempt to prove that cover note produced was a forged document and or they did not have any cover note bearing no. 25550. Merely because there is no entry in the register maintained by the Insurance company, Insurance company cannot take advantage of their own wrong in not making the entry in their register. In the case of this nature, the insurance company is required to prove the cover note was an outright forgery. There is no evidence led in this regard. In the circumstances, first appeal is 3 dismissed. C.A.NO.556 OF 2010 1 As the first appeal is dismissed, civil application is also dismissed. It is also seen that there is no deposit of the decretal amount either in the trial court or this court and therefore, the claimants will be at liberty to execute the decree. (R.S. MOHITE, J.)