{1} IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1307 OF 2009 [with CA No.5880/2009] The Oriental Insurance Co., Ltd. Through Branch Manager Polanpeth. Through Sr.Divisional Manager, Aurangabd. PETITIONERS VERSUS 01- Motilal Rupchand Rajput R/o Mhasawad Tq & Dist. Jalgaon. 02- Shantaram N. Patil R/o Kurangi Tq. Pachora Dist. Jalgaon. RESPONDENTS. *** Shri A.S.Deshpande, advocate for appellant. *** Coram : K.U.Chandiwal, J. Date: 24th June 2009. P.C.: 01- Heard learned counsel for the appellant. For the purposes of order to be passed in the appeal service to the respondent / claimant is not warranted, record need not be called. The appeal is finally heard and decided. {2} 02- The short controversy in the matter is, whether the award for injured having suffered 10% permanent disability for which the learned judge has assessed the loss to the tune of Rs.91,200/- and ultimately awarded Rs.1,15,000/-, can be said to be just and particularly when the injured was travelling in matador No.MH-19-J-0216. 03- There is no controversy that the matador was commercial vehicle. However since it has come in the evidence of the claimant that while travelling in the vehicle, he was carrying his goods and it was with the permission of the owner of the vehicle. It is therefore difficult to digest that such travelling by the injured was in breach of terms of insurance policy. The reference to the FIR dated 06/12/2004 will have to be read in proper perspective, and at the particular moment when 4-5 persons have suffered serious injuries, there cannot be a thesis of events in the FIR. Consequently non reference of goods carried by the claimant in the vehicle will itself not be fatal. 04- The Appeal sans merit. It is dismissed. No costs. The Civil Application No.5880/2009 is disposed of. [K.U.CHANDIWAL] JUDGE /mda/0609/fa1307.09