- (1.) SHRI Madan Goari, respondent No, 1 was admittedly injured on 5.11.1988, when a Maxi -Taxi (BEP 776) met an accident near Nildungri village on Tata - Chaibasa road, He was a passenger on the said vehicle.
(2.) ON his application for compensation under Section 110 -A of the Motor Vehicles Act, 1939, tribunal assessed a sum of Rs. 98,000/ - with simple interest @10% per annum with effect from 5.5.1989 till payment to be made to him as compensation by insurrer of the said vehicle. The Insurance Company, in the present appeal, filed under Section 110D of the Act, has claimed that in terms of the Insurance Policy, its responsibility to indemnify the liability of the owner, under Section 95 of the Act was limited to the extent of statutory liability.
(3.) THE Insurance Company although contested the claim case before the tribunal, but failed to plead its limited statutory liability in the written statement filed there nor adduced any evidence in this regard. Even the Policy of insurance was not brought on record.;