C.A.No.5312/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.5312 OF 2011 IN FIRST APPEAL NO.1911 OF 2011 New India Assurance Co.Ltd., through its Br.Manager, Aurangabad ..Appellant Versus Mahanandabai Bhausaheb Jadhav and ors. ..Respondents Mr Dhananjay P.Deshpande, Advoate for appellant Mr M.D.Narwadkar, Advocate for respondents 1 to 7 Mr S.B.Solanke, Advocate for respondent No.8 in Appeal Mr N.K.Chaudhari, Advocate for respondent No.9 in Appeal CORAM : MRS MRIDULA BHATKAR, J. DATE : 20th August 2011 PER COURT 1. This application is moved for stay to the judgment and award dated 28th December 2010 passed by learned Member, Motor Accident Claims Tribunal, Aurangabad in Motor Accidents Claim Petition No.613 of 2008 . 2. Learned Counsel submits that insurance company had challenged the validity of the licence of original respondent No.3, who was driving a goods vehicle without licence though he was holding a licence for non- transport vehicle. In the judgment, it is held that insurance company was liable firstly to pay and subsequently, the said compensation amount may C.A.No.5312/2011 2 be reimbursed and recovered from the original respondent No.2 i.e. the owner. Learned Counsel points out that the Apex Court in the case of National Insurance Co.Ltd. Vs. Parvathneni & Anr., reported in 2010 ALL SCR 172, has dealt with the similar issue of liability of the insurance company in the absence of valid insurance and the said issue is referred to the larger Bench. The learned Counsel submits that he has deposited the entire amount. 3. In view of these submissions prayer clause (B) is granted. Application is allowed accordingly. ( MRS MRIDULA BHATKAR, J. ) (vvr/5315.11ca)