S.N. Variava, J. - (1.) This Appeal is against the Judgment dated 17th Ocber, 1997.
(2.) Briefly stated the facts are as follows : On 5th February, 1986 an accident ok place in which a young boy was seriously injured. A claim was filed against the Appellant, who was shown as the owner of the vehicle, and the Insurance Company. The Mor Accident Claims Tribunal awarded a sum of Rs. 2,00,000/-with interest thereon. In so awarding it did not accept the contention of the Appellant that the Appellant was not owner of the vehicle inasmuch as he had sold the vehicle in 1983. The Mor Accident Claims Tribunal also did not accept the contention that the liability of the Insurance Company was limited Rs. 50,000/-. It held both the Appellant and the Insurance Company jointly and severally liable.
(3.) The Insurance Company filed an Appeal. It claimed that the Policy was an Act only policy on which no extra premium had been paid for making the liability unlimited. It was submitted that as the policy was an Act only policy the liability of the Insurance Company was limited Rs. 50,000/- only under 95(2)(b)(i) of the Mor Vehicles Act, 1939. The High Court accepted this contention and limited the liability of the Insurance Company a sum of Rs. 50,000/-.;