1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1560 OF 2009 New India Assurance Company Ltd. - APPELLANT VERSUS 1) Bhiku Bapurao Ghongane & others. - RESPONDENTS ***** Mr.SL Kulkarni, Advocate for Appellant; Mr.SA Ambad, Advocate for Resp.;Nos. 1 & 2; Mr. DH Jadhavar, Advocate for Resp.No.3. ----- CORAM : K.U.CHANDIWAL, J. DATE : 4th January, 2010. PER COURT : 1) Heard the learned Counsel extensively. 2) By virtue of order dated 10th July, 2009, the appeal is finally heard at admissions stage. The short point involved in the matter is fixing of the liability of the appellant/insurance company to meet the claim under The Workmen’s Compensation Act, as awarded by the learned Judge 2 by his order dated 29.3.2008. 3) The relevant findings recorded by the learned Judge are in answer to issue No.8. Issue No.8, as framed, reads, “Whether the Respondent No.2 proves that risk of deceased Bhagwat was not covered under the policy and company is not liable to pay the compensation?”, and the learned judge negatived the finding. The observation of the learned Judge, while answering the Issue No. 8, needs simply to be deprecated, as it legally cannot be accepted. The document by itself speaks in volumes, which the learned Judge should have considered. There could not be any travel beyond the document as law will prevail and not the equity. The death of deceased though has put a blow to the claimants, however, that by itself will not be passing the liability against the insurance company as the deceased was traveling on the mud-guard of the tractor, which does not, under the law, provide any such arrangement or authorization to travel. The status of the 3 deceased to be an employee of the owner of the vehicle by itself will not allow to travel unauthorizedly in breach of the insurance policy. The learned Judge erred in fixing the liability against the insurance company to meet the claim of Rs.2,24,000/-. To that extent, the appeal needs to be allowed. ORDER The appeal of the insurance company is allowed. The order, granting compensation of Rs. 2,24,000/-, fixing liability of the Insurance company is set aside. Rest part of the order shall remain unalter. No costs. (K.U.CHANDIWAL) JUDGE bdv/fa1560.09