1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD REVIEW APPLICATION NO.106 OF 2009 IN FIRST APPEAL NO.3659 OF 2008(decided) Rohidas s/o Uttam Pawar, Age: 40 years, Occu: owner of the vehicle, r/o "Dainik Nandadarshan Karyalaya", Shivaji Road, At and post Tq. & Dist. Nandurbar. ...APPLICANT (Orig.Opponent No.1) VERSUS 1. United India Insurance Co.Ltd. Through its Divisional Manager, Jalgaon Divisional Office, Mansingh Market, 2nd floor, near Railway Station, At and Dist.Jalgaon. Respondent (Original Respondent No.2) 2. Kalidas @ Kalu Habu Patil, Age: 40 years, Occu: Panshop r/o Anturli, Tq. Nizar, Dist. Surat ( Gujrat State). RESPONDENT (Orig.claimant) ... Mr.C.R.Deshpande, Adv., for the applicant. Mr. A.S.Gatne, Adv., for respondent no.1. Mr.S.G.Bharuka, Adv., h/f Mr.R.R.Mantri, Adv., for respondent no.2. ... 2 CORAM: K.U. CHANDIWAL, J. DATE :20th Jan.,2010 *** PER COURT : 1. Heard learned Counsel representing the owner of the vehicle and Insurance Company. The claimant is not served, however, for the purposes of order to be passed in this matter, presence of the claimant is not warranted as there will not be any adversity to him. 2. Extensive submissions were advanced by both the learned Counsel. They labouriously took recourse to the various reported judgments of the Apex Court to highlight their point.Mr. Deshpande says, the owner of the vehicle was swayed away owing to assurance of the Insurance Company, not to participate in the matter and, hence, the owner of the vehicle (applicant no.1) kept himself away. It is canvassed that in view of letter dt.7.7.2006, the Insurance Company has accepted its liability to reimburse in respect of the losses suffered by occupant in the vehicle. 3. This has been refuted by the learned Counsel representing Insurance Company by placing before me the very policy, the preimum paid and 3 the requisite proposal form tendered by the owner of the vehicle. Specific attention was drawn to clause No.43 of the proposal form signed by the owner of the vehicle which specified, it did not cover un-named passenger, to be indemnified by Insurance Company. 4. Mr. C.R.Deshpande, Counsel for the applicant, has referred to following judgments: (1) AIR 1998 S.C. 1433 (Amrit Lal Sood and another vs. Smt.Kaushalya Devi Thapar and others) (2) AIR 2000 KARNATAKA 73 (The Oriental Insurance Co.Ltd vs. Minaxi and others ) (3) AIR 1999 Madhya Pradesh 47 (Oriental Insurance Co.Ltd Vs. Smt.Radharani and others) (4) Ramkrishna Reddy V. The Manager Purchase, Hindustan Machine Tools Limited and another ( MANU/KA/0573/2001: 2003 ACJ 105) (5) Smt. Suneetha Nayak and another Vs. B.G.Harshadevara Math and others (MANU/KA/0435/2004/ 2005 ACJ 756) 4 (6) Dr.T.V.Jose V.Chacko P.M. alias Thankachan and others) (AIR 2001 S.C. 3939). 5. The order dt.17th June, 2009, refers to the judgment of Dr.T.V.Jose Vs. Chacko P.M. alias Thankachan and others - A.I.R. 2001 SC 3939 and also to the judgment in the matter of New India Assurance Company Vs. Sadanand Mukhi ( (2009) 2 SCC 417). 6. The reference given by the learned Counsel for the owner of the vehicle to the judgment in New India Assurance Company V. Satpal Singh and others ( (2000) 1 SCC 237) has been negatived by judgment in New India Assurance Co.Ltd V. Asha Rani ( (2003) 2 SCC 223). The controversies raised in the matter of Amrit Lal Sood and another V. Smt.Kaushalya Devi Thapar and another ( AIR 1998 SC 1433) were also resolved by larger Bench judgment reported in New India Assurance Co.Ltd. V. C.M.Jaya and others ( AIR 2002 S.C. 651). 7. Taking survey of all the facts, I do not see that there was any error on the part of this Court in interpreting the policy or interpreting facts in the matter. I need not to advert about the assurances given by the Insurance Company to the owner as the owner did not participate before 5 the learned Judge. He was not injuncted and induced by any promise, assurance, conduct nor it is so highlighted anywhere. No infirmity to review. The order dt.17th June, 2009, does not require any review. Application is rejected. (K.U. CHANDIWAL, J.] agp/106-09ra