R.M. Chhaya, J.—The present group of appeals arise out of judgments and awards passed by different Motor Accident Claims Tribunals described here-in-after whereby the Tribunals on interpretation of Section 95 of the Motor Vehicles Act, 1939 (the Act) restricted the liability of the insurance company limited to the statutory liability as envisaged under the Act.

2. Out of the present group of appeals, First Appeal No. 1343 of 1988 was heard by Division Bench of this Court comprising of (Hon’ble M.S. Shah & K.M. Mehta, J.J.) (as they then were) and by order dated 28.12.2006 (reported in 2007(4) GLR 3639) referred the said First Appeal in its entirety to the Larger Bench of this Court and had observed in Paragraph No. 17 as under:

“17. Why we are referring this entire matter to the larger Bench:

17A In this case the accident took place on 19.9.1982. The claimant filed claim petition in 1983. The trial Court decided the matter on 28.8.1985. The appeal was filed in 1986. Thereafter, the appeal memo was amended in 1988. We are hearing the appeal in 2006. In view of this chequered history we are of the view that instead of referring certain question of law, we may refer the entire m