Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE CIVIL JURISDICTION SIDE CIVIL JURISDICTION SIDE CIVIL JURISDICTION FIRST APPEAL NO. 932 OF 1996 United India Insurance Co. Ltd. ..Appellant v/s. Shri Nana Gajanan Gurav (Dhotre) and ors. ..Respondents Mr. Dilip Mahadik i/b. S.R.Singh Mr.P.R.Shinde, Advocate for Respondent no.1 to 3 CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 24th September, 2007 : 24th September, 2007 : 24th September, 2007 ORAL ORAL ORAL JUDGEMENT JUDGEMENT JUDGEMENT The deceased was the cleaner of the goods vehicle in question. 2. The Learned Motor Accident Claim Tribunal (MACT,Satara) after considering the material available on record held that the accident took place on 21-9-1990 at about 9.30 a.m. due to rash and negligent driving of the goods truck no. MWF 4384. The claimant proved that the deceased died on account of above accident. 3. There is no challenge to the impugned order by the owner of the vehicle in question. 4. The findings so arrived at remain, therefore, intact. 2 5. The Appellant being the Insurance company has challenged the said award. The challenge on behalf of Insurance company in such matter is, therefore, very limited. The Insurance company cannot agitate the issue which ought to have been agitated by the owner of the truck. 6. Learned Counsel for the Appellant fairly conceded that the cleaner i.e. deceased was covered by the Insurance policy. 7. Taking all this into account, I am of the view that there is no case made out to interfere with the order which is well within the framework of law as well as record. The Appeal is, therefore, dismissed. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]