1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 1094 /2011 IN FIRST APPEAL NO. 358 /2011 (The New India Assurance Co.Ltd. vs. Shakuntala wd/o Maniksingh Tawar (Thakur ) and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr S.M.Ukey, Adv. for appellant/applicant Mr A K Tripathi, Adv.for R-1 to 3 Respondent no.4 is served. CORAM : A.B.CHAUDHARI,J. DATED : 7th October, 2011. Heard. Though served, the respondent no.4 has not entered appearance. According to Mr S M Ukey, learned counsel for the appellant -Assurance Company, it is the respondent no.4 in this Appeal who is actually the owner of the scooter and responsible to pay the compensation and since there is breach of the policy, the Company is not liable to pay any compensation. For the present since respondent no.4 is absent, liberty is given to the respondents/claimants to proceed against the respondent no.4 in execution for recovering the amount of compensation. The respondent no.4 has chosen not to appear in this Court. Hence, the First Appeal is kept pending awaiting the result of the 2 execution against the respondent no. 4. Stay granted earlier is confirmed. Civil application s disposed of. JUDGE sahare