ash 1 caf-4479.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4479 OF 2010 IN FIRST APPEAL NO.1778 OF 2010 Jayawant Subhedar Chaudhari. .. Applicant Vs Smt. Sunita Sanjay Wadkar & Ors. .. Respondents ­­ Ms Deepa Ahuja for the Applicant. Shri Dilip Bodake for Respondent Nos.1 to 6. ­­ CORAM ; A.S. OKA, J DATED : 4TH JULY, 2011 P.C. . Heard Learned counsel appearing for the Applicant and the learned counsel appearing for Respondent Nos.1 to 6. 2. In a claim petition under Section 166 of the Motor Vehicles Act, 1988 filed by the Respondent Nos.1 to 6, the Applicant was impleaded as the 2nd Opponent being the alleged owner of an offending scooter. The 8th Respondent was impleaded as the 3rd Opponent being the purchaser of the offending scooter from the Applicant. The Tribunal has accepted the liability of 8th Respondent and, therefore, there is an award made against the 8th Respondent. The document of transfer of the scooter by the Applicant to the 8th Respondent prior to the date of ash 2 caf-4479.10 the accident has been placed on record. The very fact that even the 8th Respondent is held as liable shows that the Tribunal has accepted that the 8th Respondent was the owner on the date of the accident. Prima facie, there was no occasion to fasten any liability against the Applicant. 3. The Applicant has deposited a sum of Rs.3,75,000/­ with the Tribunal. Therefore, a case is made out for grant of stay. 4. Accordingly, the rule is made absolute in terms of prayer clause (B). It is made clear that the stay is granted only for the benefit of the Applicant and the original Claimants are free to execute the award against the original Opponent Nos.1 and 3 in accordance with law. 5. The Tribunal will permit the original Claimants to withdraw a sum of Rs.3,75,000/­ deposited by the Applicant on furnishing security for the entire amount to the satisfaction of the Tribunal. It is made clear that if the Applicant succeeds in the Appeal, apart from the right of enforcing the security, the Applicant will be entitled to recover the said amount from the original 3rd Opponent. 6. The Application is disposed of on above terms. ( A.S. OKA, J )