1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.2699 OF 2009 National Insurance Co. Ltd., Aurangabad. Appellant V/s Deepak Namdeo Kolpe and others. Respondents ------------------------------------------------------------------------------------------------------- Mr. S. V. Kulkarni, Advocate for Appellants. Mr. Pawan Lakhotiya holding for Mr. R. F. Totala, Advocate for Respondent No.2. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 1st October, 2009. PER COURT : 1. Heard Shri.S. V. Kulkarni, the learned Counsel appearing for the appellant. This appeal challenges the Award passed by the Motor Accident Claims Tribunal, Sangamner under section 140 of the Motor Vehicles Act, 1988 in M.A.C.P. No.130/2007 dated 14.03.2008. The appeal also challenges the order passed below Exhibit-27 on 06.05.2008 rejecting the review application filed by the insurance company. 2. The main ground for challenge raised by the appellant is that, there was no injury certificate produced by the claimant at the time of passing of the order below Exhibit-5. The Tribunal has observed that, the said certificate has been subsequently produced by the claimant and 2 therefore, the order has been passed directing the appellant and owner of the vehicle to pay jointly and severally an amount of Rs.25,000/-. 3. The question whether the claimant has established his permanent disability as observed by the Tribunal is required to be gone into after the parties lead the evidence. In view of this, I do not find any infirmity in the impugned orders passed by the Tribunal. It is however made clear that, the Tribunal shall permit the claimant to withdraw an amount of no fault liability by furnishing the undertaking before the Tribunal that in the event if the claim Petition is rejected, the claimant shall deposit the said amount within a period of 15 days from the date of such order. 4. In view of above, the instant appeal is dismissed. Shri. S. V. Kulkarni, the learned Counsel appearing for the appellant states that, the amount of Rs.12,500/- has been deposited by the appellant insurance company in this Court at the time of filing of the appeal. The office is directed to remit the said amount to the Tribunal immediately for appropriate orders. (R.K. DESHPANDE) JUDGE GAS/fa2699.09 3