( 1 ) THIS is an application for certificate to enable the appellant petitioner to prefer an appeal against our judgment and Order D/- 10-7-70. We need not for brevity's sake over again decide (recite) facts of the case for these would appear from our judgment. The appeal was preferred by the present petitioner Hukumchand Insurance Co. Ltd. against an Award of compensation for a sum of Rs. 24,300/- in favour of the respondent Sm. Subahsini Roy who was the mother of the victim who died as a result of motor accident. The Tribunal found on evidence that the son of the respondent was injured and died as a result of rash and negligent driving of the car involved. In the appeal before us the correctness of this finding as also the quantum of compensation was challenged by the appellant petitioner. An objection was taken, however, on behalf of the respondent as to the maintainability of the appeal on the ground that it was not open to the appellant to dispute the correctness of the decision of the Tribunal on matters not covered by the defence which it was not entitled to take under the law as provided under Section 96 of the Motor Vehicles Act. We, however, mainly follow