( 1 ) THE question which arises for consideration in this appeal is as to whether the appellant can maintain this appeal.

( 2 ) IN view of the question involved it is not necessary to state the fact of the matter in details, suffice it to state that an application was filed by the respondent herein in terms of section 110a of the Motor Vehicles Act, 1939 in respect of the death of one Pradip Saha claiming compensation amounting to Rs. 10 lakhs.

( 3 ) BEFORE learned Tribunal below although the appellant appeared and allegedly filed the office copy of the policy of insurance but no witness was examined on its behalf nor the said policy was marked as an exhibit. The learned Tribunal below by its award allowed the claim of the respondent to the tune of Rs. 4,85,000/ -.

( 4 ) MR. Das, the learned counsel, appearing on behalf of the appellant, submitted that as the victim was a passenger of Bus, the liability of the appellant was limited in terms of section 95 of the said Act. The learned counsel submitted that keeping in view a conflict in the decisions of three Division Benches of the apex Court in National Insurance Co. Ltd. , New Delhi v. Jugal Kishore and Ors. rep