BHASKAR BHATTACHARYA, C.J. - (1.) THIS appeal under Section 173 of the Motor Vehicles Act is at the instance of the Oriental Insurance Company Limited and is directed against an award dated 22nd June 2007 passed by the Motor Accident Claims Tribunal (Auxiliary) and Presiding Officer, 3rd Fast Track Court, Gondal Camp at Upleta, in Claim Petition No.307 of 1995 thereby awarding a sum of Rs.25,000/ - as compensation for the damages caused to the motorcycle of the claimant by the offending truck.
(2.) BEING dissatisfied, the insurer of the truck has come up with the present appeal.
(3.) NONE appears on behalf of the claimants -respondent inspite of service. Mr.Dwivedi, the learned advocate appearing on behalf of the appellant has taken a pure question of law by pointing out that the policy in question being "Act policy", the tribunal below committed a substantial error of law in awarding a sum of Rs.25,000/ - for the damage caused to the property of the third party by overlooking the provision contained in Section 147 (2)(b) of the Act, by which the liability of the insurance company has been restricted to Rs.6,000/ - only. It appears that, in this case, the policy was issued on 4th October 1994 and was valid upto 3rd October 1995 and the accident occurred on 25th July 1995.;