: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4914 OF 2003 CIVIL APPLICATION NO.4914 OF 2003 CIVIL APPLICATION NO.4914 OF 2003 IN IN IN FIRST APPEAL NO.154 OF 2008 FIRST APPEAL NO.154 OF 2008 FIRST APPEAL NO.154 OF 2008 National Insurance Co. Ltd. ...Applicant V/s. Swati Shashikant Dhumal & Ors. ...Respondents Mr.M.B. Kotak, Advocate, for the Applicant. Mr.Vinod Jadhav, Advocate, for Respondent Nos.1 to 4. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 5TH FEBRUARY, 2008. DATE : 5TH FEBRUARY, 2008. DATE : 5TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. 2. The challenge by the applicant insurer is to the Judgment and Award in a Claim Petition under Section 166 of the Motor Vehicles Act, 1988. The challenge by the appellant-applicant is on the ground that the insured had committed a breach of terms and conditions of the policy. The finding of the Tribunal is that the applicant has failed to discharge the burden of establishing that there was such a breach. 2. In view of the finding recorded by the Tribunal, no case is made out for grant of stay. In : 2 : the event, the applicant succeeds in the Appeal, amount of compensation paid to the original claimants can be always recovered by the applicant by executing the Award made by the Tribunal. Hence, Civil Application is rejected. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]