1 caf2259.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.2259 of 1999 IN FIRST APPEAL ST.NO.36473 OF 1998 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.S.R.Singh for the applicant Mr.A.G.Toraskar for the respondent Nos.3 and 4 CORAM: A.S.OKA,J. DATE : DECEMBER 3,2010 P.C.: 1 It is not clear as to whether decretal amount has been deposited by the applicant in terms of ad-interim order dated 6 th April 1999. 2 The challenge to the impugned Award is on the ground that the deceased was a fare paying passenger in the truck insured with the applicant at the time of accident. The Tribunal by the impugned Judgment and Award has not accepted the said defence. 2 caf2259.sxw 3 The Award is of 1998. As the appeal remained pending in this Court at the stage of condonation of delay, the claimants could not get any amount. Considering the findings recorded by the Tribunal no case is made out for grant of stay. However, in the event the applicant succeeds in the appeal, it will be open for the applicant to recover the compensation amount from the insured by executing the said Award. 4 Subject to what is observed above, application is rejected. JUDGE