1 caf1566 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.1566 OF 2011 IN FIRST APPEAL NO.816 OF 2011 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.M.M.Sathaye for the Applicant Mr.R.M.Pethe for the respondent no.5 CORAM: A.S.OKA,J. DATE : OCTOBER 7,2011 P.C.: 1 Heard the learned counsel for the applicant and the learned counsel for the respondent no.5. Entire decretal amount has been deposited by the applicant. The applicant on the date of the accident was admittedly the insurer of the vehicle involved in the accident. The contention of the applicant-insurer is that at the time of accident, the vehicle was under the control of Pune Municipal Transport. The liability is disputed on the said ground. 2 Thus, even if the applicant succeeds in the appeal, the applicant 2 caf1566 will be able to establish that the applicant is not liable and the Pune Municipal Transport is liable to pay compensation. 3 Therefore, even if the applicant succeeds in the appeal, by executing the same impugned Award, the applicant can recover entire compensation amount from the Pune Municipal Transport. Hence, it is not necessary to grant any stay. 4 Hence, application for stay is rejected with clarification that in the event the applicant succeeds in the appeal, it will be open for the applicant to recover the entire compensation amount from the Pune Municipal Transport and/or the insured of the applicant, as the case may be, by executing the same Award. Withdrawal of the compensation amount by the claimant will be subject to final outcome of the Appeal. 5 Civil application no.4246 of 2011 does not survive in view of this order. JUDGE