1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7173 OF 2009 IN FIRST APPEAL NO. 1716 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Dhananjay Deshpande, Advocate for the applicant. Mr. N.P. Bangar, Advocate for respondent Nos. 1 to 4. Mr. R.B. Bhosale, Advocate for respondent No. 5 - Absent. CORAM: R. M. BORDE, J. DATED: 5th March, 2010. P.C.: 1. This is an application presented by the appellant Insurance Company for grant of stay to the execution of the award. 2. It is stated that the liability of the insurer in accordance with the terms of policy is to the extent of Rs. 1,00,000/-. However, the tribunal while passing award has held the insurer/respondent is liable for payment of compensation along with other respondents for an amount of Rs. 4,15,000/- along with interest. The defence of the insurer is that the Insurance Company cannot be directed to reimburse the claim over and above the limits of liability. It is stated that two different petitions are presented by two wives of deceased 2 and as such, there are two different appeals presented by the appellant. In each of the appeal the appellant/Insurance Company has deposited an amount of Rs. 25,000/- whereas while satisfying the liability under section 140 of the Act, an amount of Rs. 50,000/- was already paid. Thus, according to the insurer/appellant herein total amount is paid or deposited to the extent of liability towards insurance policy. In this view of the matter, ad-interim relief granted earlier needs to be continued. 3. The application, is therefore, allowed in terms of prayer clause "B" and hence, disposed of. [ R.M. BORDE, J.] ssc/ca7173.09