: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3900 OF 2007 CIVIL APPLICATION NO.3900 OF 2007 CIVIL APPLICATION NO.3900 OF 2007 IN IN IN FIRST APPEAL (ST.) NO.17192 OF 2007 FIRST APPEAL (ST.) NO.17192 OF 2007 FIRST APPEAL (ST.) NO.17192 OF 2007 Sharad Yashwant Kokane ...Applicant V/s. Mukundrao Baburao Nadhe & Ors. ...Respondents Mr.S.M. Sabrad, Advocate, for the Applicant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 25TH MARCH, 2008. DATE : 25TH MARCH, 2008. DATE : 25TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant. None appears for respondent No.5. 2. The Advocate for the applicant states that the entire compensation amount payable as per the impugned Judgment and Award has been deposited by the 5th respondent-Insurer with the Tribunal. The challenge in the Appeal is essentially to the following part of the Award :- "(6). Opponent No.2, The Oriental Insurance Co. Ltd. is at liberty to recover the compensation amount from the Opponent No.1-Shri. Sharad Yashwant Kokane, in accordance with Section 174 of the Motor Vehicles Act, 1988." : 2 : 3. As a result of the aforesaid part of the Award, it will be open for the 5th respondent to execute the Award and recover compensation amount from the applicant. If applicant wants stay of the said direction, the applicant will have to furnish adequate security for securing the amount of compensation payable by the 5th respondent under the impugned Award. 4. Hence, Application is disposed of by passing following order :- "O R D E R" "O R D E R" "O R D E R" (a). There will be stay of operation and execution of Clause No.6 of the operative part of the impugned Award subject to condition of the applicant furnishing adequate security for the entire compensation amount to the satisfaction of the Tribunal within a period of four months from today. (b). Before accepting the security, 5th respondent will be heard by the learned Member of the Tribunal. : 3 : (c). If the applicant fails to furnish the security within the stipulated time of four months, interim stay will stand vacated without further reference to the Court. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]