{1} Civil Application No.15166/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.15166 OF 2011 IN FIRST APPEAL STAMP NO.31993 OF 2011 M/s Iffco Tokio General Insurance Co. Ltd., APPLICANT VERSUS Chandrakala Khanderao Suryawanshi & others RESPONDENTS ....... Mr.V.N.Upadhye, Advocate for the applicant ....... [CORAM : A.V.POTDAR, J.] DATE: 21 st December 2011 PER COURT: 1. Heard learned counsel for the applicant. Issue notice to the respondents, returnable on 01.02.2012. [A.V.POTDAR, J.] drp/B11/ca15166-11 {2} Civil Application No.15166/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.15167 OF 2011 IN FIRST APPEAL STAMP NO.31993 OF 2011 M/s Iffco Tokio General Insurance Co. Ltd., APPLICANT VERSUS Chandrakala Khanderao Suryawanshi & others RESPONDENTS ....... Mr.V.N.Upadhye, Advocate for the applicant ....... [CORAM : A.V.POTDAR, J.] DATE: 21 st December 2011 PER COURT: 1. By this application, the applicant seeks stay to the execution of the judgment and award dated 25.07.2011 passed by MACT, Dhule in MACP No.790/2009. The stay has been prayed on the ground that though the appellant insurance company has been exonerated from payment of compensation yet it is directed first to pay the compensation and then to recover the same from the owner of the offending vehicle. In view of the observations of the {3} Civil Application No.15166/2011 Apex Court in “National Insurance Co. Ltd., V/s Parvathneni & Another” 2009 (8) SCC 785, Stay to the execution of the impugned award to the extent of appellant insurance company. Civil Application is allowed accordingly. Parties to act on the authenticated copy of this Order. [A.V.POTDAR, J.] drp/B11/ca15166-11