: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.606 OF 2009 The New India Assurance Co.Ltd. ..Appellant V/s. Rasiklal D. Mehta & Ors. ..Respondents WITH FIRST APPEAL NO.607 OF 2009 The New India Assurance Co.Ltd. ..Appellant V/s. Nikhil Harsukh Zaveri & Ors. ..Respondents WITH FIRST APPEAL NO.608 OF 2009 The New India Assurance Co.Ltd. ..Appellant V/s. Nikhil Harsukh Zaveri & Ors. ..Respondents WITH FIRST APPEAL NO.609 OF 2009 The New India Assurance Co.Ltd. ..Appellant V/s. Hemang Anil Mehta & Ors. ..Respondents ..... Mr. Viswajeet Sagare i/by Naveenkumar Poojary for the appellant Mr. T.J. Mendon for respondent No.3. & for respondent Nos.1 and 2 in FA-607/09 and FA 608/09. ..... : 2 : CORAM : R.Y. GANOO, J. DATE : 3rd JULY, 2009. P.C. : 1. All these appeals raise a common question. The appellant is the Insurance Company who had insured the Vehicle namely Motor Car bearing No.MH-B-6578. 2. An accident took place on 14 th July, 1992 and Bhadraben Mehta, Usha Hasurkh Zaveri, Hasrukh Ramanlal Zaveri, Anil Rasiklal Mehta, Hemang Mehta and Sagar were travelling in the said Maruti Van. In the course of accident, except Bhadraben Mehta and Hemang Mehta all the occupants in the Car expired and Bhadraben Mehta and Hemang Mehta suffered injuries. Originally claims were filed in Motor Accident Claims Tribunal at Thane ultimately they came to be transferred for decision to the Court of District Judge-I and Additional Member, M.A.C.T. Palghar. All these claims were determined and compensation was granted to the award dated 31.3.2008. This common award dated 31.3.2008 passed by learned Member, M.A.C.T., Palghar is challenged in these first appeals. 3. I have heard learned advocates on both sides. : 3 : Learned advocate Mr. Sagare appeared on behalf of Insurance Company i.e. Appellants whereas learned advocate Mr. Mendon appeared for respondents who were the original claimants. 4. According to the appellants the Maruti Van in which persons were travelling was hired by occupants and the terms of the insurance policy of Van have been violated. The learned Member declined to accept the said stand. Before this Court, the only point raised by the learned advocate for the appellants was as regards rejection of the appellants defence in the trial Court by the learned Member. 5. In order to consider the defence, I have gone through the record with the assistance of learned advocates on both sides. The appellants have not been able to bring on record material to show that the Van was hired by the occupants. In para 21 of the award, it is specifically observed that there is no evidence that the Car was hired from respondent No.1. The Insurance Company has not discharged the said burden. The learned Member has arrived at the ultimate decision after rejecting the stand of the Insurance : 4 : Company as regards the use of the vehicle for hire on reward. I am in agreement with the view taken by learned Member. No other point was pressed and therefore no interference is required in the impugned judgment. Hence, all the appeals will have to be dismissed. Hence, the order. ORDER . First Appeal No.606 of 2009, First Appeal No.607 of 2009, First Appeal No.608 of 2009 and First Appeal No.609 of 2009 are dismissed with no order as to costs. . Civil Application No.642 of 2009 in First Appeal N.606 of 2009, Civil Application No.635 of in First Appeal No.607 of 2009, Civil Application No.638 of in First Appeal No.608 of 2009 and Civil Application No. 640 of in First Appeal No.609 of 2009 are dismissed with no order as to costs in view of the disposal of the First Appeals. . If any amount is deposited by the Insurance Company in this Court, the same may be transferred to the trial Court within a period of three weeks from today. Record & Proceedings also be transferred to the trial Court forthwith. (R.Y. Ganoo, J.)