1 ca-5236.08 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5236 OF 2008 IN FIRST APPEAL NO. 1762 OF 2010 New India Assurance Co. Ltd. .. Applicant Vs Smt. Rama Yashwant Thombare & Others. .. Respondents -- Mrs. U.K. Sanil for the Applicant. Shri Onkar V. Warange for Respondent Nos.1 to 4. -- CORAM : A.S.OKA, J. DATE : 6TH DECEMBER, 2010 P.C: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for Respondent Nos.1 to 4. Compensation of Rs.3,25,000/- with interest has been granted out of claim arising from a fatal accident. The defence of the Applicant was as regards the breach committed by the insured of the terms and conditions of the policy. The finding of the Tribunal is that the Applicant has failed to discharge the burden of proving the breach. 2. The learned counsel appearing for the Applicant states that the entire compensation amount has been deposited. 2 ca-5236.08 3. Considering the findings recorded by the Tribunal, the amounts will have to be disbursed/invested as per Clauses 5 to 9 of the operative part of the impugned judgment and award. 4. In the event the Applicant succeeds in the appeal, it will be always open to the Applicant to recover the compensation amount from the insured by executing the same award. 5. Subject to what is observed above, it is directed that the amount deposited by the Applicant shall be disbursed/invested in terms of the Clauses 5 to 9 of the operative part of the impugned judgment and award. 6. Application is disposed of accordingly. (A.S.OKA, J)