IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 101 OF 2008 NEW INDIA ASSURANCE CO.LTD., ... Appellant Versus MRS. PARAWWA NAIK AND 4 ORS., ... Respondents Mr. M. S. Joshi,for the appellant Mr. S. S. Kakodkar For For R-1 To 4 Mr. R.G. Ramani, for respondent No.5. Coram:- C. L. PANGARKAR, J. Date:- 4th March, 2009 P.C. Heard Counsels for the appellant and respondents. This appeal has been preferred against the Award passed by the Motor Accident Claims Tribunal. The appeal is preferred by the Insurance Company feeling aggrieved by the Award passed against them. Heard Learned Counsel for the appellant and the respondent. It is apparent that the Learned Judge has found that the owner of the vehicle was plying the vehicle in the State of Goa in breach of the conditions of the policy. Learned Judge has considered the question that even though there may be breach of the conditions of the policy the Insurance company is liable to pay the compensation and then directed the Insurance company to recover the said compensation from the owner of the truck without filing Civil Suit. Learned Counsel for the insurance company submits that there is a finding that the insurance company is jointly and severally liable. As far as the finding is concerned no party can come in appeal against any finding. It has to come in appeal against the award or decree. Counsel for respondent submits that there is direction in the final order of the Member of the Motor Accident Claims Tribunal that the insurance company is at liberty to recover the compensation it is directed to pay to the petitioner without filing Civil Suit. The rights of the insurance company thus have been protected and in view of the decision of this Court in 2008(4) All M R 654. The direction given by the Learned Member of the Tribunal is correct. Insurance company is definitely at liberty to recover the compensation without filing Civil Suit. I find no substance in the appeal, it is dismissed in limine. C. L. PANGARKAR, J. /mbm