- (1.) This appeal by special leave is directed against the order dated 23.9.1987 of the Madhya Pradesh High Court, Jabalpur Bench, in M. A. No. 119 of 1985.
(2.) The short question that arises for consideration is whether the High Court was right in reversing the award of the Motor Accidents Claims Tribunal, which restricted the liability of the appellant insurance company to the extent of Rs. 5,000. 00 with interest.
(3.) The facts are that one Ramesh Singh, who was a passenger in a bus belonging to respondent No. 1, died in the accident on 22.4.1979 as a result of a fall from the bus. The legal representatives of the deceased passenger preferred a claim petition, claiming compensation of Rs. 1,60,000. The Tribunal, on the evidence produced before it, had determined the compensation payable to the legal representatives in a sum of Rs. 44,000 together with interest. The Tribunal further held that the liability of the insurance company shall be limited only to the extent of Rs. 5,000 as the policy taken by the owner of the vehicle was 'act policy' under section 95 (2) (b) of the Motor Vehicles Act, 1939. The balance of the award amount was directed to be paid by the owner of the vehicle.;