IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CIVIL CIVIL CIVIL APPLICATION NO.1651 OF 2007. APPLICATION NO.1651 OF 2007. APPLICATION NO.1651 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.5489 OF 2007. APPEAL (ST) NO.5489 OF 2007. APPEAL (ST) NO.5489 OF 2007. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri S.M.Vidyarathi for the applicant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 01st February, 2008. : 01st February, 2008. : 01st February, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the applicant. His submission is that at the time of accident the injured himself was driving the offending vehicle and was not possessing a valid licence. He, therefore, submitted that insurance company is not liable. Perusal of the impugned judgment shows that aforesaid contention is based only on the basis of F.I.R registered by Head Constable of Police. The only basis of this contention is allegation contained in F.I.R that driver was not possessing any driving licence. Apart from this there is nothing placed on record to discharge the burden on the appellant. Hence, no case is made out for grant of stay. However, in the event the applicant succeeds in the appeal, it will be open for the applicant to recover the compensation amount form the insured by executing the award without filing a separate proceedings. Subject to what is stated above, Civil Application for stay is rejected. : 2 : Judge. Judge. Judge.