1 F.A.1034.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1034 OF 2009 [Laxumibai Laxman Sanap Vs.Tushar Prabhakar Palkhe] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.A.B.Babhulgaonkar,Advocate for Appellant Shri.V.B.Jadhav, Advocate holding for Shri.V.D.Hon,Advocate for Respondent. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 31st JANUARY, 2011. PER COURT : 1. Heard Mr. Babhulgaonkar, learned counsel for the appellant and Mr. Jadhav, holding for Mr. Hon, learned counsel for respondent. 2. This is First Appeal filed by the Appellant -Original Plaintiff challenging Judgment and Award, rendered by the Civil Judge Senior Division, Beed in Workmen Compensation Petition No. 09 of 2009, dismissing the said petition. 3. Mr.Babhulgaonkar, learned counsel for the appellant canvassed that the said 2 F.A.1034.09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders petition was dismissed by the learned Civil Judge (Senior Division),Beed on the ground that, appellant herein failed to prove and establish that respondent was owner of Truck No. MJL-6373. In the said context, learned counsel for the appellant states that respondent herein had given statement before Police on 22nd June, 1993, wherein he stated that he is owner of the aforesaid truck. 4. Learned counsel relied upon the observation made in the case of State of West Bengal Vs. Kesson Chand Kochar reported in AIR 1960 Calcutta 506 and submitted that statement made before Police is admissible as admission in Civil Case. 5. Mr. Babhulgaonkar, learned counsel for appellant relied on the statement of respondent - Tushar Palkhe [Exh.44] recorded before Police in that respect. However, the Certificate issued by R.T.O. is on record at Exh.63, which discloses that one Mahadeo Tukaram Galande was registered owner of the truck and 3 F.A.1034.09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders possession thereof was handed over to Rajendra Prabhkar Phake, as per Court orders on furnishing bond. Hence, it appears from the R.T.O. record that Mahadeo Tukaram Galande is registered owner of the said truck, therefore, there is no question of considering the statement made by respondent and its admission in the said case, and consequently, ruling cited by learned counsel for appellant can not be of any aid and assistance to the appellant. 6. Apparently, no substantial question of law could be formulated. Hence, First Appeal stands dismissed. Record and Proceedings be sent back to the concerned Court. Sd/- [SHRIHARI P.DAVARE, J.] MTK 4 F.A.1034.09