1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.984 OF 1992 Mahanand Kailuza & Anr. .. Appellants versus Rajan A. Guha Majumdar .. Respondent Mr.S.G.Deshpande for the appellants. CORAM : A.S.OKA, J. DATE : 23rd November 2009. JUDGMENT: . Heard learned counsel appearing for the appellants. In a claim petition filed by the respondent under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the said Act) impugned award has been passed directing the 2nd appellant to pay compensation of Rs.25,000/- with interest on account of no fault liability. 2. The case of the respondent is that on 25th July 1991 when the deceased was walking along the Dindayal Road at Mulund (West), Bombay, a motor tempo owned by the 1st appellant came in a fast speed and knocked the deceased down. The deceased succumbed to the injuries on the same day. 3. While opposing the claim petition under section 140 of the said Act, 2 the 2nd appellant contended that the panchnama does not prove the involvement of the vehicle insured with the 2nd appellant and therefore, the 2nd appellant denied the liability. 4. After having heard the submissions of the learned counsel appearing for the appellants, I find that there is no error in the view taken by the Tribunal. The learned Member of the Tribunal in paragraph 8 of the judgment has observed that there is clear admission of driver of the vehicle that the said vehicle was driven by him. The Tribunal observed that even the owner admitted the involvement of the vehicle in the accident. Therefore, the Tribunal came to the conclusion that the contention of the 2nd appellant- insurer that the vehicle was not involved cannot be taken for its face value. 5. Considering the scope of inquiry of a claim petition under section 140 of the said Act, it is not possible to find fault with the impugned judgment and award under which compensation of Rs.25,000/- has been granted on account of no fault liability. The appeal is accordingly dismissed with no orders as to costs. 6. Civil Application No.4510 of 1992 does not survive and the same is disposed of. (A.S.OKA,J)