1 92-caf.1802.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 1802 OF 2011 IN FIRST APPEAL NO. 929 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Atul Gatne for the Applicant. Mr. Ranjan Tripathi i/b Mr.S.S.Vidyarthi for Respondent No.4. CORAM : A.S.OKA, J. DATE : 10 th October, 2011. P.C. . Heard the learned counsel appearing for the Applicant. 2 Considering the challenge in the appeal, even if the Applicant succeeds in the appeal, at highest, the liability of the Applicant and Respondent No.4 will be apportioned restricting the liability of the Applicant to a part of the compensation amount. In that event, if the Applicant pays compensation amount which is ultimately held as payable by Respondent No.4 – Insurer, the Applicant can always recover the amount by executing the modified award against Respondent 2 92-caf.1802.11 No.4. 3 Hence, it is not necessary to grant stay. The application is rejected. The payment of compensation will be subject to final orders in the appeal. 4 The amount deposited under Section 173 of the Motor Vehicle Act, 1988 shall be transfered to the concerned Tribunal. [ A.S.OKA, J ]