: 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.2546 OF 2003 CIVIL APPLICATION NO.2546 OF 2003 CIVIL APPLICATION NO.2546 OF 2003 IN IN IN FIRST APPEAL NO.141 OF 2008 FIRST APPEAL NO.141 OF 2008 FIRST APPEAL NO.141 OF 2008 The New India Assurance Co. Ltd.,Mumbai ...Applicant V/s. Baban Maruti Neharkar & Ors. ...Respondents Mr.Deelip Mahadik, Advocate, for the Applicant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant. 2. The Appeal is by the insurer of the vehicle involved in the accident. The challenge in the Appeal is on the ground that there was a breach of terms and conditions of the policy of insurance and therefore the applicant was not liable to satisfy the Award which made against the insured. 3. The finding of the Tribunal is that the applicant has not discharged the burden of proving the breach of terms and conditions of the policy. Hence no case is made out for grant of stay. Application is rejected. : 2 : 4. It is, however, clarified that in case the applicant succeeds in the Appeal, the applicant will be entitled to recover the compensation amount from the insured by executing the said Award made by the Tribunal. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]