ash 1 caf-1135.09 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1135 OF 2009 IN FIRST APPEAL NO.1767 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Rahul Mehta i/by KMC Legal Venture for the Applicant. Shri Manish M. Pabale for Respondent Nos.1, 2 and 3. Shri J.S. Kapse for Respondent No.5. -- CORAM : A.S.OKA, J. DATE : 3RD AUGUST, 2011 P.C.: . Heard learned counsel appearing for the parties. As disclosed by the pleadings filed in Civil Application No.1138 of 2009 in a companion Appeal, the Applicant Company has satisfied the awards made in companion claim petitions arising out of the same accident. Perusal of the Memorandum of Appeal shows that one of the grounds taken is that the Applicant Insurance company is not liable. The other ground is that the negligence has not been established. Notwithstanding the availability of the said grounds, the Applicant has accepted the ash 2 caf-1135.09 awards made in the companion claim petitions. In the present case, the compensation of Rs.85,000/- inclusive of “no fault liability” has been granted. The compensation has been granted on account of death of 8 years child. The quantum of compensation is reasonable. Considering the facts and circumstances of the case, the prayer for stay cannot be acceded to and the Application is accordingly rejected. It is made clear that withdrawal of the compensation amount by the Claimants will be subject to the final outcome of the Appeal. (A.S.OKA, J)