1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.681OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr.Dhananjay Deshpande, Advocate for appellant. Mr.B. R. Kedar, Advocate for Respondent no.1. ........ [CORAM : K.U.CHANDIWAL, J. ] DATE : 13th January, 2010. PER COURT : 1. Heard Mr.Deshpande, the learned Counsel appearing for appellant. The matter is finally disposed of at the admission stage. 2. The short point involved is whether the claimants/respondents are entitled to stake claim of compensation against the appellant- New India Assurance Company, when the claimant has suffered 14% permanent disability. 2 3. The permanent disability to the claimant to the extent of 14% at right lower limb including the medical expenses are proved by the claimants as could be seen from the evidence of C.W. 2 Dr. Arunkumar Anant Rao. 4. The appellant-Insurance Company contends that from the terms of the policy, the claimant was not passenger but occupant. The premium paid by the registered owner to the insurance company shows coverage of an amount of Rs. 1,00,000/- for three such unnamed occupants (Exhibit-49). 5. I do not agree to Mr.Deshpande that the policy could legally restrict liability to indemnify the unnamed passengers to have suffered more than 50% or 100% of the permanent disablement to stake claim against the appellant. Such stipulation if indeed is surfacing, it is not inconsonance even to the statutory arrangement. The occupant should not be sufferer for such hazy barrage in the policy, particularly when the claimant has genuinely restricted claim to 14% disability, towards medical 3 bills. The contentions that the occupant/claimant is not third party and is not entitled to benefit is misconceived. 6. The appellant-Insurance Company, on this count can not be exonerated from facing the liability. The appeal is sans merit, it is dismissed. The claimant entitled to receive the deposited amount. 7. The Civil application no.4056/2009 and civil application no.12542/2009 are disposed of. [ K.U.CHANDIWAL ] JUDGE gas/fa681.09