1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.3043 OF 2009 WITH C.A. NO.11939 of 2005 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Vikram S.Undre, Adv., h/f Mr. P.R.Katneshwarkar, Adv., for the appellant. Mr. U.S.Malte, Adv., for respondent no.1. ... CORAM: K.U.CHANDIWAL, J. DATE:14/1/2010 P.C.:- 1. Heard. 2. Original respondent no.1, owner of the truck having been saddled with the responsibility to reimburse the amount to the Oriental Insurance Company has come in the First Appeal. 3. The short point in the matter is, there operates a valid insurance cover in relation to a truck No.MTV 5306 for a period from 20th Sept.,1995 to 10th March, 1996, while the accident occurred on 9.11.1995. There was 2 no justification on the part of the learned Judge directing the owner/appellant herein to reimburse the amount, fixing the liability of the Insurance Company to the extent of 50 per cent. This is more so, when there was no defense raised nor any statutory permission, as was required, was obtained by the Oriental Insurance Company before the learned Judge in terms of Section 149(2) of Motor Vehicles Act. The observation, apparently, is contrary to the insurance policy. 4. The appeal succeeds and is allowed. Clause (VIII) in the order of the learned Judge is set aside. No costs. Civil Application disposed of. (K.U.CHANDIWAL) JUDGE ... agp/3043-09fa