IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.103 OF 2008 APPLICATION NO.103 OF 2008 APPLICATION NO.103 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.411 OF 2008 APPEAL (ST) NO.411 OF 2008 APPEAL (ST) NO.411 OF 2008 The New India Assurance Co Ltd. ...Applicant Versus Nilesh Mahadeo Sabale ...Respondent AND AND AND CIVIL CIVIL CIVIL APPLICATION NO.105 OF 2008 APPLICATION NO.105 OF 2008 APPLICATION NO.105 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.399 OF 2008 APPEAL (ST) NO.399 OF 2008 APPEAL (ST) NO.399 OF 2008 The New Indian Assurance Co Ltd. ...Applicant Versus Rupesh Gajanan Darge & Anr. ...Respondents Shri Ramesh K. Cheulkar for the Applicant. Shri T.J.Mendon for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 19th MARCH, 2008. : 19th MARCH, 2008. : 19th MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard advocates appearing for the parties. The submission of the learned advocate for the applicant is that the applicant Insurance Company is not liable in view of breach of terms and conditions of the policy. However, the Tribunal has directed the applicant to pay compensation and to recover the same from the insured. 2. Considering the facts and circumstances of the case, Civil Application is disposed of by passing following order: (i) The learned Member of the Tribunal will invest the amount as directed by the operative part of the award. However, fixed deposit will continue till the final disposal of the appeal. The amount payable to the claimant as per the : 2 : 2 : 2 : impugned award shall be paid without security. Payment will be naturally subject to final outcome of the appeal. (ii) Civil Application is disposed of. Judge. Judge. Judge.