-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 69 OF 2005 CIVIL APPLICATION NO. 69 OF 2005 CIVIL APPLICATION NO. 69 OF 2005 IN FIRST APPEAL NO. 613 OF 2007 The Divisional Manager, Oriental Insurance Co.Ltd., .. Applicant. V/s. 1. Komal Bajirao Sonwalkar & Anr. .. Respondents. --- Mr.A.S.Vidyarthi for the Applicant. Mr. L.S.Deshmukh for the Respondents. --- CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. P.C. : P.C. : P.C. :- . Heard Advocates for the parties. There is serious dispute as to whether the cover note of the insurance was issued prior to the accident as the Proposal Form appears to have been signed on 1st of August, 2001 (i.e. two days after the accident) and the cover note appears to have issued on 30th of July, 2001. The accident has occurred on 30th of July 2001. Therefore, though the original claimants are entitled to withdraw the compensation amount, they will have to furnish a security for the entire amount. Civil application is disposed of by passing following order : -: 2 :- i. There will be interim relief in terms of prayer clause (a) in favour of the Appellants. ii. Notwithstanding to the grant of stay, the original claimants are entitled to withdraw the compensation amount deposited by the applicant on furnishing an adequate security for the compensation amount to the satisfaction of the learned Member of the Motor Accident Claims Tribunal. iii. Appellants will be heard before accepting the security. iv. It is made clear that the stay granted of execution and operation of the impugned Judgment and Award is only in favour of the applicant and the original claimant is free to execute the award against the owner of the vehicle. (A.S. OKA, J) .....