2306fa580.09.sxw 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL NO. 580 OF 2009 The B.M., Oriental Insurance Co. Ltd. vs. Sangita Kewalram Hate & others Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mrs. BP Maldhure, Advocate for the appellant. Ms VC Gadling, Adv. h/f Mr. PS Mirache, Advocate for respondents No. 1 to 5. None for respondent No. 6. Coram : A.H. Joshi, J. Dated : 23rd June, 2009. 1. The insurer is in appeal before this Court. 2. According to the claimants the deceased was traveling in a jeep which was licensed to carry six passengers including driver. The deceased was one of the 16 passengers traveling in the vehicle. It is further alleged that the driver of the jeep was driving jeep rashly and negligently, who was not having valid license. 3. It is seen that in support of the claim, the claimants examined witnesses. The vehicle owner remained ex-parte and the Insurance Company as well became content with its written statement, relied only on the cross examination and did not lead evidence to prove its plea. 4. The trial Court allowed the claim petition. 5. In this appeal, the same ground of defence as urged in the trial Court in the written statement have been reiterated and repeated. 2306fa580.09.sxw 2/2 6. It is not shown that any fruitful admission destroying the claimants’ case was secured. 7. In the background that the Insurance Company was happy only on a contesting written statement, and did not refute the oral evidence of the claimants, now, hardly any point is available as a ground of challenge in the appeal. 8. Simply because Insurance Company is unhappy with the award, this in itself, is not a good and sufficient ground to sustain the challenge. 9. Appeal has no merit and deserves to be dismissed without calling the record. JUDGE wwl