1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.3746 OF 2008 with CIVIL APPLICATION NO.10412 OF 2008 The New India Assurance Co. Ltd. - APPELLANT VERSUS 1) Sunandabai w/o Pundlik Nhavi and others. - RESPONDENTS ***** Mr.VR Mundada,Advocate for Appellant; Mrs.SS Savale, Advocate for Resp.Nos. 1 to 6; Mr.HF Pawar, Advocate for Respondent No.7. ----- CORAM : K.U.CHANDIWAL, J. DATE : 4th January, 2010. PER COURT : 1) Heard the learned Counsel extensively. 2) The Award dated 20th June, 2008 passed by the learned Member, Motor Accident Claims Tribunal, Jalgaon, is subject of challenge by the appellant/Insurance company. 2 3) There is no controversy about the deceased travelling in the vehicle and having set back of his life. The short point involved in the matter is, whether the Insurance Company could be held liable to meet the Award recorded by the learned Member. The stand taken by the owner of the vehicle before the learned member was that the deceased was fare-paying passenger, travelling in the goods vehicle. This by itself betrays the insurance policy under which the vehicle was covered. Since the Insurance company could not be legally held responsible to indemnify the person who was unauthorized traveller in a goods carrier/vehicle, naturally, the Insurance company will not be a party to meet the claim. Though the learned Member in para 15 of the judgment, at two places, has jumbled in recording the findings, however, para 16 of the Judgment clarifies the situation. 4) Without disturbing the finding in respect of the Award of the claim to the tune of 3 Rs.2,66,000/-, I find that the liability of the Insurance company will seldom arise to meet the same. In the situation, the appeal succeeds. The order under challenge is set aside only to the extent of the appellant – The New India Assurance Co. Ltd. Rest part remain unaltered. 5) The appeal allowed in the aforesaid terms with no order as to costs. Civil Application disposed of. (K.U.CHANDIWAL) JUDGE bdv/fa3746.08