1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12822 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 16th September, 2009 PER COURT : 1. We have perused the judgment and award passed by the learned Tribunal. The learned Tribunal has in unequivocal terms held that the applicant is not liable to pay compensation, inasmuch as, there is statutory violation of the terms of the policy. However, inspite of that, the amount has been directed to be paid by the applicant to the claimants, with further liberty to the applicant, to recover the said amount from the owner of the vehicle. 2. Prima facie, we are of the considered view that without fastening the liability upon the applicant, it would not be justifiable on the part of the learned Tribunal to have directed the applicant to pay the amount to the claimants. 3. In that view of the matter, the civil application is 2 allowed in terms of prayer clause (A) 4. However, it is made clear that the original claimant would be always at liberty to take such steps as are permissible in law, for recovery of the amount from the owner of the vehicle. [N.D. DESHPANDE,J.] [B.R. GAVAI , J.] grt/-