1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.3054 OF 2009 (Shantilal s/o Mishrilal Bafna vs. Subhash s/o Shivdas More and another) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.V.Gangapurwala, Adv., for the appellant. ... CORAM: K.U.CHANDIWAL, J. DATE:11/1/2010 P.C.:- 1. Heard learned Counsel for the appellant/original respondent. 2. The respondents herein are served, however, absent. 3. The controversy centers to a short aspect, exoneration of the National Insurance Company from the claim, which was validly covered under the insurance policy held by the present appellant. The reasons assigned by the learned Commissioner for Workmen's Compensation are that the driving 2 licence at Exh.5 of Nana Sonawane was in the xerox form. However, nobody in the proceedings pointed out and objected about validity, legality of the driving licence held by the said Nana Sonawane. The finding of the learned Judge that the driving licence of the said Nana Sonawane is forged is merely a surmise, without there being any agitation from any of the litigant in the said proceeding. The observation of the learned Judge in paragraph no. 35 of its order is again uncalled for, there is nothing to demonstrate that there was breach of terms of Insurance policy covered by the original respondent no.2, the National Insurance Company. 4. There is no other point agitated by the appellant herein, no controversy about the quantum of claim of Rs.49,915/- with interest at the rate of 7.5 per cent. Taking survey of above facts, the learned Commissioner obviously erred in exonerating 3 original respondent no.2 National Insurance Company from making the award joint and several. Hence order: The appeal is allowed. The liability of present appellant and the National Insurance Company is joint and several. The appeal allowed to this extent. No costs. Civil Application disposed of. (K.U.CHANDIWAL) JUDGE ... agp/3054-09fa