( 1 ) WRIT petition is by an insurance company, who was a party to a claim application before the Motor accidents Claims Tribunal on the file of court of Small Causes, Bangalore City.

( 2 ) THE claim application of an injured in the accident involving a motor vehicle covered by a policy issued by the petitioner insurance company came to be allowed in terms of the award dated 18. 5. 2005 passed in M. V. C. No. 4527 of 2003.

( 3 ) IT appears that petitioner insurance company had taken the defence that the insurance company was not liable to indemnify the owner of the vehicle as the owner who had taken out the policy had committed certain breaches of the conditions of the policy.

( 4 ) BE that as it may, the Tribunal observing that in terms of the decision of the apex Court it was open to the insurance company to recover the amount from the owner as indicated in the judgment of the supreme Court and proceeded to pass the award.

( 5 ) CLAIMANTS proceeded to execution of the award by filing Execution Petition No. 390 of 2006. It is in this execution proceedings it appears that petitioner insurance company filed I. A. Nos. I and II praying for staying the release