... 1 ... IN THE HIGH COURT OF BOMBAY, AT GOA. FIRST APPEAL NO.128 OF 1999 The Oriental Insurance Co. Ltd., Margao Branch, Margao, Goa. ... Appellant v e r s u s 1. Mr. Gabriel Fernandes, s/o Constancio Francisco Fernandes, aged 45 years, married, Transport Operator, Indian National, r/o House No.1040, Bacbhat, Raia, Salcete, Goa. 2. Mr. Socorro Rodrigues, s/o Salvador Rodrigues, aged about 30 years, driver, r/o House no.92, Rassai, Salcete, Goa. 3. M/s Dalmia Resort International Private Limited, Kalgan Bungalow, Aquem, Margao, Goa. ... Respondents CORAM: N. A. BRITTO, J. Dated: 6th June, 2008. ORAL JUDGMENT: Heard Shri E. Afonso, learned counsel on behalf of the appellant and Shri Lobo on behalf of the respondent no.1. ... 2 ... 2. This appeal was filed by the Insurer of vehicle No.GA- 02-T-4013 which was involved in an accident with pick up No.GA- 02-T-5622 driven by the claimant who by virtue of order dated 21.9.1999 was ordered to be paid a compensation of Rs.37,725.70 with interest at the rate of 12% per annum from 16.11.1993. 3. The insurer i.e. the appellant herein had taken a plea in the said claim petition decided by Order dated 21.9.1999 that its liability was restricted to Rs.6000/- under the policy issued in favour of M/s Dalmia Resort International Private Limited, the owner of the said vehicle who was respondent no.2 in the said claim petition. This plea was not accepted by the Claims Tribunal and on that count the present appeal was filed. 4. Shri Lobo, the learned counsel on behalf of the respondent no.1 has stated that in terms of the policy, the insurer i.e. the appellant herein who was respondent no.3 in the claim petition has discharged its liability by paying Rs.6000/- to the said claimant and the compensation over and above the said sum has been paid to the claimant, by the owner of the said vehicle i.e. the respondent no.2 in the said claim petition, without reserving any ... 3 ... right to recover the same from the insurer and as such nothing survives in the present appeal. 5. The statement made by Shri Lobo is accepted. Since the appellant/insurer has discharged his liability under the policy as per the plea taken by it and the award is otherwise has been satisfied by the owner by payment of the entire compensation awarded to the said claimant without reserving any right to recover the same from the insurer regarding which there is no dispute, nothing survives in the present appeal and therefore, the same is bound to be disposed off as infructuous. Order accordingly. N. A. BRITTO, J. lh/.