1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. First Appeal St. No.5058 of 2009 [The Oriental Insurance Co. Ltd. Vs. Smt. Laxmikanta Indraraj @ Kailash Dhurve & 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.M. Quazi, Adv., for the appellant. ----- CORAM : A.H. JOSHI,J. DATE : 09th July, 2009. 1. This is First Appeal by Insurance Company. Order passed by the Motor Accident Claims Tribunal, Gondia, in relation to No- Fault-Liability awarding compensation of Rs. 50,000-00 is under challenge. 2. Heard learned Adv. Mr. A.M. Quazi for the appellant. 3. Ground now pressed in service is that the deceased was not a worker in the tractor, and was a passengers, and the Insurance Company is not liable to pay. 4. Learned Adv., for the appellant had tendered for perusal a copy of Written Statement. 2 5. It is also seen that the application was not opposed by any supporting facts. It, thus, turns out to be a case of hearing and decision on application on the affidavit of the applicant. 6. In this situation, the order impugned cannot be regarded as rendered without any material, or passed with an illegality. 7. In the circumstances, no indulgence is called for. Appeal has no merit, and is dismissed. Judge |Hedau| 3