1. This appeal filed by the Insurance Company is directed against the Judgment and Award dated 28.2.2004 passed by the 1st Additional District Judge- cum-Motor Vehicle Accidents Claims Tribunal, Chaibasa in compensation case No. 85 of 1988 awarding compensation of Rs. 1,65,000/- and fixed the liability upon the appellant/Insurance C6mpany.

2. The facts of the case lie in a narrow compass:

On 22.2.1988 the deceased Dukhu Hansda was coming from Champua to Jamshedpur by bus bearing registration No. BRS 4450. The bus was over crowded and was being driven rashly and negligently which resulted in an accident and the deceased succumbed to the injuries. The appellant-Insurance Company contested the case on the ground inter alia that the liability of the Insurance Company under the policy and also under the provisions of Section 95 of the Motor vehicles Act is restricted to Rs. 15,000/-. The Tribunal after hearing the parties assessed the compensation and held that the entire amount is to be paid by the appellant-Insurance Company.

3. Mr. D.C. Ghose, learned Counsel appearing for the appellant-Insurance Company assailed the impugned judgment and award as being illegal and contrary to t