ash 1 caf-2954.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2954 OF 2010 IN FIRST APPEAL NO.50 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Smt. Urmila K. Sanil for the Applicant. Shri S.G. Thorat for Respondents. -- CORAM : A.S.OKA, J. DATE : 10TH AUGUST, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondents. The award is only in the sum of Rs.34,250/- inclusive of the amount of “no fault liability”. The Appeal is admitted on the question raised regarding the breach of the terms and conditions of the policy. The Tribunal held the Applicant as liable. Considering the fact that the amount involved is small, in the event of the Applicant succeeds in the Appeal, the Applicant can always recover the amount from the insured. Therefore, in the peculiar facts of the case, no case is made out for grant of stay. It ash 2 caf-2954.10 is made clear that in the event the Applicant succeeds in the appeal, it will be open for the Applicant to recover the amount from the insured by executing the same award. Withdrawal of the compensation amount will be subject to the final outcome of the Appeal. Application is disposed of accordingly. (A.S.OKA, J)