1. This is an appeal by the Insurance Company against a judgment of the learned single Judge passed on 23.9.1993 in M.A. No. 239 of 1992 (R), whereby the appeal filed by the appellant against the Award passed by the Motor Vehicles Accident Claim Tribunal, Dhanbad, was dismissed.

2. The only ground urged by Mr. A.K. Sahani, learned counsel appearing for the appellant, is that the Insurance Company can not be held liable for payment of the compensation as per the Award passed by the Tribunal in its entirety, inasmuch as the appellant had a limited liability and, therefore, the Tribunal committed an error in passing an award against the appellant, ignoring the limited liability as was fixed in the Policy of Insurance. The learned single Judge has negatived this contention of the appellant on the ground that the policy of Insurance was not produced, exhibited or got proved before the Tribunal and, therefore, the said contention of the appellant cannot be acceded to.

3. Upon hearing Mr. Sahani, learned counsel appearing for the appellant, we find ourself in full agreement with the view taken by the learned single Judge and hold that it was the duty of the appellant to produce the pol