:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 1315 OF 2008 WITH CIVIL APPLICATION NO. 1989 OF 2006 The Oriental Insurance Co. Ltd. ..Appellant Vs. Shri Vinod Varkey and anr. ..Respondents Mr. Rohan S. Darandale for appellant. Mrs. S.V. Sonawane for respondent no.1. Ms. V.S. Mhaispurkar i/by Mr. V.S. Mhaispurkar for respondent no.2. CORAM: B.H. MARLAPALLE & D.B. BHOSALE,JJ. CORAM: B.H. MARLAPALLE & D.B. BHOSALE,JJ. CORAM: B.H. MARLAPALLE & D.B. BHOSALE,JJ. Dated: July 08, 2008. Dated: July 08, 2008. Dated: July 08, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the appellant - Insurer. The appeal is directed against the award passed by the learned In-charge Member of Motor Accident Claims Tribunal, Kalyan thereby allowing Claim Petition No. 262 of 2001 (Old No. 684 of 1993). By the said award the claimant-respondent no.1 has been awarded compensation of Rs.2,14,325/- inclusive of no fault liability compensation under Section 140 of the Motor Vehicles Act, 1988 along with :2: interest at the rate of 7.5% per annum from the date of registration of claim. 2. The only ground of challenge which is advanced before us is on the point of negligence attributed to the driver of the unknown jeep which colluded with the autorickshaw driven by the claimant (Autorickshaw No. MH-04-D-6615). This ground was also raised before the Tribunal which held that the Insurance Company beyond raising the issue did not take any further steps to lead evidence and prove the said issue. 3. Having regards to the scheme of Section 147 of the Motor Vehicles Act, 1988 and the fact that the autorickshaw was a public vehicle and also the fact that the Insurance Policy was valid on the date of the incident (14/7/1993), the challenge raised to the award is devoid of merits and, in fact, the challenge on any count to the same award is not sustainable. The learned Member of the Tribunal has considered the issue of earning capacity i.e. monthly income and also the age of the injured person as well as the permanent injury suffered and has granted an amount of :3: Rs.2,14,325/-. This appeal, therefore, must fail at the threshold. 4. Appeal is dismissed in limine. Excess amount deposited over and above the claim, if any, be refunded to the appellant. 5. Civil Application No. 1989 of 2006 does not survive and same shall stand disposed as such. (D.B. Bhosale, J.) (D.B. Bhosale, J.) (D.B. Bhosale, J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)