1 caf1031.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1031 OF 2010 IN FIRST APPEAL ST.NO.28163 OF 2009 St.Ranjan Kalya Waghleda & Ors. ...Applicants vs. The National Insurance Company Ltd. And another ...Respondents Ms Rina Kondu for the applicants Mr.V.N.Sagare for the respondent no.1 CORAM :A.S.OKA,J. DATE : SEPTEMBER 21, 2010 P.C. 1 Heard the learned Advocate for the applicants and the Advocate for the 1st respondent. This is an application made by the original claimants for withdrawal of the compensation amount. Only challenge in the appeal is on the ground that the cheque issued by the insured has been dishonoured. However, the finding recorded by the tribunal is that no documentary evidence has been produced on record to show that the notice of dishonour of the cheque and cancellation of policy was served to the insured and to the Regional Transport Office before the date of accident. Therefore, as far as third parties are concerned, the 1st respondent-insurance company is liable. Even if, the 1st respondent succeeds in the appeal, he can recover the compensation amount from the insured. Hence, application is disposed of by directing that the the tribunal will disburse and/or invest and/or will permit withdrawal of the compensation amount as per the impugned Judgment and Award subject matter of challenge in the appeal. JUDGE