JUDGMENT :

KAUSHAL JAYENDRA THAKER, J.

1. Heard Sri B. C. Naik, learned counsel for the appellant.

2. By way of this appeal the Insurance Company has felt aggrieved by the judgment and decree dated 10th May, 1989 in Motor Accident Claim Petition No. 92 of 1984 passed by Motor Accident Claims Tribunal/Additional District Judge, Allahabad granting a sum of Rs.33,000/-.

3. Brief facts available from the record are that on 02.07.1984 accident occurred when the deceased was going on his bicycle at that point of time a Truck came rashly and negligently and dashed him and caused his death. Accident is not in dispute, and therefore, the claim petition was filed by the claimant against the driver and owner as well as Insurance Company of offending vehicle. Tribunal after hearing the parties and after taking into account the evidence on record allowed the claim petition and awarded a sum of Rs. 33,000/- in favor of the claimant.

4. The main plank of submission is that under Section 95 (2) Motor Vehicles Act, 1939, the liability of the Insurance Company was limited to Rs. 15,000/- only and the Tribunal has misread the cover-note and therefore, it is submitted that Tribunal committed an error in ho