ORDER

1. Leave granted.

2. The appellant is before this Court assailing the judgment dated 11.10.2017 passed by the High Court of Judicature at Bombay, Bench at Aurangabad.

3. No doubt, as indicated by the learned counsel for the Respondent-Insurance Company, what has been assailed herein, is only the Order passed in the Review Petition and the Order passed in the Appeal, has not been assailed. Even that be so, we deem it appropriate to consider the instant case for the reason that the only issue for consideration herein, is as to whether the Respondent-Insurance Company should be directed to 'pay and recover' in the facts arising in the case.

4. In that view, we have heard the learned counsel for the parties and perused the appeal papers.

5. On the facts, as noticed, the accident having occurred, the appellant herein being an occupant of the Truck, which was involved in the said accident, bearing number as MH-12/CH-4001 are not in dispute. The said vehicle had dashed against the Truck bearing number MH-12/7830. The appellant-claimant had thus, contended that the driver of the vehicle in which the appellant was traveling, was rash and negligent, which had in turn, caused the accident.

6.