1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 2315 OF 2009 New India Assurance Co. Ltd. Through its Branch Manager, Mahaveer Chowk, Parbhani ....Appellant. Versus Shantabai Kondiba Pardhe & another ....Respondents. Shri. D.P. Deshpande, Advocate for the appellant. CORAM : R.K. DESHPANDE, J. DATE : 30th September, 2009 ORAL ORDER : 1. This is an appeal filed by the appellant Insurance Company, the original respondent No. 2, challenging the order dated 6th of May 2009 passed by the Motor Accident Claims Tribunal at Parbhani below Exh. 5 in MACP No. 106/2008. The Tribunal has held the appellant along with the owner of the vehicle jointly and severally liable to pay an amount of Rs.25,000/- towards no fault liability within a period of 45 days from the date of passing the order, failing which, it was directed that the amount shall carry interest at the rate of 6% per annum from the date of the 2 order till its realisation. 2. The contention of the learned counsel Shri. Deshpande appearing for the appellant is that three points were raised by the appellant Insurance Company and those are that (1) the vehicle in question i.e. jeep No. MH-20/U-5109 was not involved in the accident; (2) the disability certificate produced on record by the claimants has not been proved; and (3) the passengers were travelling in a private car for which there was no insurance cover. The Tribunal has held that all these questions pertained to the disputed questions of facts and hence, its correctness can be judged only after recording of evidence. The Tribunal has relied upon the judgment of this Court reported in 2007 ACJ 1032 Bom. New India Assurance Company Ltd. Vs. Poonam Nilesh Thakur, and others, in which it has been held that the plea raised by the Insurance Company regarding disability certificate can be considered at later stage and not while deciding the application under section 140 of the Motor Vehicles Act. 3. After going through the averments made in the application under section 140 of the Motor Vehicles Act, the insurance policy produced by the learned counsel for the appellant in respect of the vehicle i.e. MH-20/U-5109 and the contentions raised before the Tribunal, I do not find any reason to interfere with the order passed by the Tribunal. All the three aspects which are urged by the learned counsel for the appellant 3 are disputed questions of facts and are required to be gone in to after permitting the parties to bring evidence on record. The Tribunal has rightly relied upon the decision of this Court. In view of this, I do not find any substance in the present appeal and the same is dismissed. 4. The learned counsel for the appellant states that the appellant Insurance Company has deposited an amount of Rs.12,500/- in this Court towards statutory deposit on 12.8.2009. In view of dismissal of the appeal, the said amount be immediately transmitted to Tribunal for passing appropriate order. [ R.K. DESHPANDE, J. ] ssc/fa2314.09