(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. FIRST APPEAL NO. 4106 OF 2008 New India Assurance Co. Ltd., Through the Divisional Manager, Divisional Office, Adalat Road, Aurangabad. .. Appellant. versus 1. Asaram Bhagwanta More, 2. Vithal Bhagwanta More, 3. Vithal Sampat Bhivsane .. Respondents. 4. Yograj s/o. Gokulnath Chavan. .. Respondent no.4 deleted. ....................... Mr. S.G. Chapalgaonkar, Advocate, for the appellant. Mr. P.V. Tapse Patil, Advocate, for respondent nos.1 and 2 (Absent). Mr. M.D. Shinde, Advocate, for respondent no.3 (Absent). Respondent no.4 deleted. ........................ (2) CORAM : K.U. CHANDIWAL, J. DATE : 24TH MARCH 2010 COURT'S ORDER : 1. Heard learned Counsel for the appellant. The Counsel for the respondents absent. 2. The learned Counsel appearing for the appellant submits, the travel in the vehicle by the claimants and the deceased, being vehicle No. MH-20/U-3551, was a fare paying passenger, the jeep was driven in excessive speed of 80 - 90 kilometers per hour, it was a rash and negligent driving as the vehicle dashed against a tree and consequently fastening liability against the Insurance Company is illegal. 3. The contentions are contrary to the record. There is a positive evidence of the claimants wherein it was brought on record, the vehicle belongs to friend of the claimant and out of such relations, the vehicle was moved for going to Jejuri for glimpses. It was only, the claimant had fueled the vehicle, but that does not mean that it was on some charges. In the result, I could see that it cannot be a travel by a fare paying passenger. The appreciation of the learned Judge, of the age of the deceased (3) to be 65 years, and saddling the responsibility to meet the claim of Rs. 1,00,000/-, in the situation also, does not warrant any interference. 4. Consequently, the First Appeal lacks merit and it is accordingly dismissed. The amount deposited by the appellant, Insurance Company, be remitted to the learned executing court. ( K.U. CHANDIWAL ) JUDGE ......................... bgp/fa4106