: 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.5251 OF 2006 CIVIL APPLICATION NO.5251 OF 2006 CIVIL APPLICATION NO.5251 OF 2006 IN IN IN FIRST APPEAL (ST.) NO.26675 OF 2006 FIRST APPEAL (ST.) NO.26675 OF 2006 FIRST APPEAL (ST.) NO.26675 OF 2006 The United India Insurance Co. Ltd., . Mumbai ...Applicant V/s. Jitendrakumar Ramdas Jaiswal & Anr. ...Respondents Mr.C.N. Chavan, Advocate, for the Applicant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard learned Advocate for the applicant. 2. The ground of challenge in the First Appeal is that the vehicle involved in the accident was not insured on the date of the accident. However, on the basis of documentary evidence, finding of fact recorded by the Tribunal is that there was a valid policy of insurance. 3. The applicant has not led any evidence. The compensation awarded is only in the sum of Rs.50,000/- with interest. Hence, no case is made out for grant of stay. Even if applicant succeeds in the Appeal, compensation amount can be recovered by the applicant : 2 : from the insured by executing the Award. 4. Subject to what is stated above, Application for stay is rejected. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]