R.P.MISRA, J. - (1.) HEARD Mr. P.K. Mukherjee, learned Counsel for the appellant and Mr. D.S.M. Tripathi, learned Counsel for the respondents.
(2.) THE only submission made by learned Counsel for the appellant is that in view of the provisions of Section 95(2)(h)(ii) of the Motor Vehicles Act, the liability of the Insurance Company is only Rs. 5,000 per passenger only. In the aforesaid view of the matter the appeal is allowed to the extent that the appellant Insurance Company is liable to pay only Rs. 5,000 to the claimant. The appellant is further directed to pay interest on the aforesaid amount at the rate of 16% from the date of accident.;