Mpt CAF No.2027/10 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.2027 of 2010 IN FIRST APPEAL NO.596 of 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.Prathamesh Bhargude i/b Amot Atul Gatne for the applicant. CORAM : D.G. KARNIK, J DATE : 27th January 2011 P.C. : 1. Heard learned counsel for the applicant. None present for the respondents though served. 2. This is an application for stay of execution of an award passed by Motor Accident Claims Tribunal against the Insurance Company. Prima facie it appears that the driver of the auto rickshaw did not possess a valid driving licence and therefore, there was a breach of the terms and conditions of the policy. As such, prima facie insurance company is not liable. In the circumstances, there shall be stay of the execution of the impugned award against the applicant insurance company only. The claimants are however free to execute the award against other judgment debtors. Civil Application is accordingly allowed in terms of prayer clauses (b) and (aa). (D.G. KARNIK, J.)