1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NOS.819/2009; 824/2009 & 825/2009. (New India Assurance Co.Ltd. Vs. Shaikh Salim Shaikh Papa and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.DS Kulkarni, Advocate for appellant; Mr.VB Patil, Advocate for Respondent Nos. 1 &2; Mr.RM Deshmukh, Adv. h/for Mr. AV Deshmukh, for Resp.No.3. ___ CORAM : K.U.CHANDIWAL, J. DATE : 22 nd February, 2010. ... 1) Heard learned Counsel for the parties. 2) The appellant/insurance company feels aggrieved in these three matters of saddling compensation against it with owner of the vehicle. 3) The learned Judge/Commissioner for Workmen Compensation, has observed positively about the relations of the deceased to be employee of the owner of the truck, a goods carriage vehicle. On perusal of the record, it appears there is no pleading from the owner of the vehicle nor any evidence to substantiate contention of the claimants. The insurance company had specifically raised a plea that the vehicle involved in the accident is a goods carrier. The 2 claimants were required to prove relationship of employer and employee between the owner of the vehicle and the deceased. There was though pleading, it will not be fastening liability on the insurance company since the insurance company has denied the contention. The observation of the learned Judge, fixing the liability, consequently requires interference. 4) During the course of submission, both the counsel conceded, the matter needs to be remitted to the learned Judge to afford an opportunity to the contesting parties to lead proper evidence. Hence, order. 5) The appeals are allowed. The order under challenge set aside. The learned Judge shall hear the parties litigating afresh including allowing them to raise their respective defence and then to decide the matter on its own merits. The exercise of hearing is to be completed up to 8th July, 2010. The parties to appear before the learned Judge on 19th March, 2010. (K.U.CHANDIWAL) JUDGE bdv/fa819.09