FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 17 CA/9199/2009 In FAST/19968/2009 UNITED INDIA INSURANCE CO LTD VERSUS RUKHMANBAI CHAGAN GAIKWAD AND ORS ... Advocate for applicant : Mr. Kulkarni Sudhir V. ... CORAM : R.M. BORDE, J. Dated: July 12, 2011 ... 1 This is an application seeking condonation of delay of 113 days occurred in presenting the appeal. Apart from there being no justification for condoning the delay, appellant/applicant also could not serve the claimants even after lapse of about two years from the date of presentation of the appeal. 2 I have also perused the judgment and award passed by the reference court. The only point canvassed by the insurance company to waive the liability is that the driver of the offending vehicle was not possessed of the effective driving licence on the date of FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ the accident. However, it is observed by the tribunal that there is absolutely no evidence placed on record by the insurance company to substantiate the contentions that the driver of the offending vehicle was not having valid driving licence. Undisputedly, the burden is on the insurance company to prove the contention in respect of breach terms of policy and the burden has not been discharged by the insurance company. In these circumstances, there is no reason to cause interference in the appeal. Application seeking condonation of delay is devoid of substance. Moreover, application has been dismissed as against the original claimant. There is no reason to grant restoration of the application by condoning delay of 508 days occurred in presenting the application seeking restoration of the civil application against the original claimant. Civil application therefore stands dismissed. 3 In view of dismissal of application seeking condonation of delay, appeal need FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ not be registered. Appellant / applicant would be entitled to refund of court fees, in accordance with provisions of law. ( R.M. BORDE, J. ) dyb