The liability of an insurer under a policy of insurance for a goods vehicle is limited to Rs. 50,000/- in respect of any one accident, and the insurer cannot challenge the quantum of compensation awarded by a Tribunal unless the ground for challenge is specified in Section 96(2) of the Motor Vehicles Act.

G. B. PATTANAIK, J.

( 1 ) THIS is an appeal at the instance of the insurance Company under S. 110-O of the Motor Vehicles Act challenging the award of the Tribunal allowing compensation to the extent of Rs. 70,000/ -.

( 2 ) ON a petition being filed under S. 110 A of the Motor Vehicles Act by the dependents of the deceased, the Tribunal initiated the proceeding. It was alleged in the petition that on 16-10-1980 while the deceased was going towards his village Benguari on his bicycle and was on the extreme left side of the road, the offending vehicle bearing registration No. ORG 7171 which was being driven rashly by which the deceased was thrown out of the bicycle and died on the spot. The vehicle in question was being driven at such a high speed that after dashing the deceased it proceeded further and hit a culvert. It was also stated that the deceased was getting a monthly salary of Rs. 361. 35 paise and was aged 33 years. The owner of the vehicle as well as the Insurance Company were made parties to the proceeding. The owner filed the written statement denying the allegations made in the claim petition and alleged therein that the vehicle was moving slowly and cautiously, but suddenly the deceased came to the middle of the road and fell down in front of the vehicle. Though the insurer entered appearance but did not file any written statement.

( 3 ) ON behalf of the claimants, four witnesses were examined and seven documents were exhibited. On behalf of the appellant, no oral or documentary evidence has been given. On consideration of the materials on record, the learned Tribunal came to hold that the driver of the vehicle was negligent in causing the accident. So far as the quantum of compensation is concerned, after taking into consideration the age and the monthly income of the deceased the amount which the dependents of the deceased were received, the pecuniary loss which the family sustained and all other vital considerations, the Tribunal awarded compensation to the tune of Rs. 70,000/- and further ordered that the said compensation would be paid by the insurer, the appellant. Against this award of the Tribunal, the insurer has preferred this appeal and no appeal has been preferred by the owner.

( 4 ) MR. P. Roy, the learned counsel for the appellant contends that the maximum liability of the insurance company is fixed under S. 95 (2) of the Motor Vehicles Act which is Rs. 50,000/- and, therefore, the Tribunal committed an error in directing that the entire amount of Rs. 70,000/- should be paid by the Insurance Company. He further contends that the quantum of compensation awarded by the Tribunal is excessive. Mr. Roy, the learned counsel appearing for the owner-respondent 4 supported the contention of Mr. Roy, the learned counsel for the appellant that the amount of compensation is excessive and has been arbitrarily fixed. Mr. G. H. Panda, the learned counsel for the claimants-respondents though fairly conceded that the liability of the insurer being fixed under the Statute at Rs. 50,000/- the Tribunal committed an error in directing the entire compensation to be paid by the said Insurance Company, he however, vehemently objected to the second submission of the learned counsel for the appellant, since the insurer is not entitled to challenge the quantum of compensation and since the owner has not preferred any appeal against the award in question. The rival contentions require careful examination. 4a. So far as the first contention of Mr. Roy, the learned counsel for the appellant is concerned, there cannot be any manner of doubt that the limits of liability of the insurer as fixed under S. 95 of the Act cannot be extended by the Tribunal. Under Sub-Sec. (2) of S. 95 a policy of insurance would cover any liability incurred in respect of any one accident upto the limit of Rs. 50,000/- where the vehicle is a goods vehicle. This Sub-Section provides for the coverage of the liability undertaken under the policy of insura