1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. First Appeal No.546 of 2009 [New India Assurance Co. Ltd. Vs. Suunil Anantrao @ Anthony Tayade and another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. D.S. Dharaskar, Adv., for the appellant. ----- CORAM : A.H. JOSHI, J. DATE : 01st July, 2009. 1. This is an appeal against the Order passed by the Commissioner under the Workmen s Compensation Act and Judge, Labour Court, Amravati, relating to No Fault Liability. 2. Heard learned Adv. Mr. D.S. Dharakar for the appellant. 3. As seen from the order, the defence taken in the Trial Court is discussed in Para 7 thereof. The vehicle owner as well as the Insurance Company have taken a plea that the deceased was not appointed as a driver on the vehicle, which was the subject-matter of fateful accident, he was rather working on another vehicle of the same owner. 4. Beyond raising this plea, either the 2 Insurance Company, or the respondent no.1 did not bring any evidence to testify their version taken in the Written Statement. 5. Appellant wants the pleadings to be given the worth and credit of evidence, which is an unheard proposition. True it is that No Fault Liability cases are decided on affidavits. It is not shown as to what precluded the Insurance Company from bringing evidence and tender it in the form of affidavit to substantiate its plea. 6. In these premises, no grounds are made out to show any indulgence. Just because First Appeal is filed, as the order is not liked by the Insurance Company which by itself is not, and would not be sufficient to constitute a valid ground for challenging order of No Fault Liability by way of preferring an appeal. 7. In this background, the appeal is without merit, and is accordingly dismissed without calling for record and without notice to the respondents. Judge |Hedau| 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Civil Application F No. 1112 of 2009 IN First Appeal No.546 of 2009 [New India Assurance Co. Ltd. Vs. Suunil Anantrao @ Anthony Tayade and another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. D.S. Dharaskar, Adv., for the applicant- appellant. ----- CORAM : A.H. JOSHI, J. DATE : 01st July, 2009. 1. Heard. 2. This is an application for condonation of 97 days delay caused in filing of appeal. 3. Accepting the reasons stated in the application to be good and proper, the delay is condoned. 4. Application is disposed of. Judge |Hedau| 4