1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1645 OF 2008 WITH FIRST APPEAL NO.1154 OF 2008 The Manager, M/s. Associated Cargo Movers & Packers Pvt. Ltd., )..Appellant Vs. Aditya Shivaji Waje & Ors. )..Respondents ---- Mr. S.S. Kulkarni for the appellant. ---- Coram : R.S.MOHITE,J Date : 24th February, 2010 PC 1 These are the First Appeals filed by the owner of the vehicle impugning a judgment and order passed by the M.A.C.T Pune, partly allowing the claim application made by the original claimants who were the heirs of 2 deceased persons who expired in an accident which occurred on 15.4.2003. By the impugned order the M.A.C.T has held that the vehicle of the present appellant which was registered as a goods vehicle was carrying 2 deceased as un-authorised passengers. The M.A.C.T directed the insurance company to pay the claimants the compensation of Rs.5,33,500/- along with interest at the rate of 7.5% per annum from the date of the application and recovered the same by filing execution proceedings by the present appellant. It is contended that the M.A.C.T should have accepted the case of the claimant that the deceased were carrying `bajaris’ in the vehicle when it met with the accident. It is however, seen from the record that the present 2 appellant chose not to file written statement and did not lead any evidence. He was the owner of the vehicle and if the same has been hired then the onus was upon him to prove that the vehicle has been hired. In this regard, the driver of the vehicle could have been examined. Merely because the plaintiff stated that the deceased was carrying some food article, does not necessarily lead to the conclusion that the vehicle of the appellant has been hired. Advocate stated that the matter may be remanded to allow him to file written statement and to lead evidence. I am not inclined to grant any such indulgence because no cause has been shown for failure to file a written statement and to contest the matter. In the circumstances, both the First Appeals are dismissed. (R.S.MOHITE,J) 3