IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.103 OF 2003. APPEAL NO.103 OF 2003. APPEAL NO.103 OF 2003. Oriental Insurance Company ...Appellant Versus Shri Anil Ganpat Malandkar & Ors. ...Respondents Shri S.M.Vidyarathi for the appellant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 30th January, 2008. : 30th January, 2008. : 30th January, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the appellant. The appellant is the insurer of one of the two vehicles involved in the accident. The ground of challenge in this appeal is that the vehicle concerned was not insured with the appellant on the relevant date. The submission is that the certificate issued by the R.T.O which was produced on record is no evidence as the description of the policy mentioned therein does not cover the date on which the accident had taken place. 2. The appellant-insurer was impleaded as a party to the claim petition. The appellant has not chosen to file written statement. The advocate for the appellant filed a pursis stating that the appellant was not desirous of leading any evidence. ... 2 ... 3. In this view of the matter, the trial Court accepted the case made out by the claimants that the vehicle was insured with the appellant. The award made is in the sum of Rs.61,500/- with interest at the rate of 9% per annum in case of a fatal accident. There is no reason to interfere with the said award. Appeal is accordingly dismissed. JUDGE JUDGE JUDGE