1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.2688/2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. Atul B. Gatne, Advocate for appellant. Mr. V.P. Patil, Advocate for respondent 1 Mr. R.P. Adgaonkar, Advocate for respondent no.4. [CORAM : K.U. CHANDIWAL, J ] Date : 7th April, 2010. PER COURT : 1 Heard Mr. Gatne for appellant and Mr. Patil for respondents no.1 and Mr. Adgaonkar for respondent no.4. 2 In an unfortunate accident, the deceased while travelling on mud-guard of the tractor, lost his precious life, resultantly claim by his legal representatives. There operates award against Insurance company including 2 owners of the vehicle. The travel of the deceased was obviously in breach of terms of Insurance policy. Consequently, learned judge could not have saddled liability to meet claim upon insurance company. No eventuality of indemnification could surface. 3) The contention of Mr. Patil that there is no evidence from Insurance company to prove unauthorized travel of deceased Guddu, is contrary to the fact situation. Firstly, in the petition itself, the claimants have narrated, the deceased was travelling with agricultural equipment at the tractor. Secondly, the F.I.R. supports the same. Thirdly, in spot panchanama, it is referred that the deceased Guddu due to the rash and negligent driving of the tractor driver, fell down and was crushed, beneath tyres of the tractor. All these situation certainly will not further warrant appellant insurance company to 3 lead any evidence. 4 In the result, grievance of the appellant insurance company, being justified, the award is modified as under. a) The appeal is allowed to the extent of appellant insurance company. b) The petition is dismissed to the extent of appellant insurance Company. c) Rest part remains unaltered. d) No costs. e) The amount deposited by appellant (Insurance Company), be remitted to the appellant. [K.U. CHANDIWAL, J.] tsk/fa2688.09