D.M. Dharmadhikari, J.--1. This appeal has been preferred by the Insurance Company, named and described in the cause-title, against the award of the Claims Tribunal dated 23.3.1993 passed under the provisions of Motor Vehicles Act, 1988. The appeal has been filed assailing the finding of negligence against the driver of the vehicle and on quantum of compensation.

2. On being asked the learned counsel for the Insurance Company could not point out that in the course of proceedings before the Tribunal any permission to defend, the claimant's action was sought from the Tribunal as required by the provisions of section 170 of the Motor Vehicles Act, 1988, for short 'the Act of 1988', corresponding to section 110CC of the Motor Vehicles Act, 1939, for short, 'the Act of 1939'. It is also not disputed that except in contingencies covered by section 170 (supra), the defences open to the Insurance Company are limited to those mentioned in section 149 (2) of the Act of 1988, corresponding to section 96 (2) of the Act of 1939. The limited defences open to the Insurance Company are only based on the terms and conditions of the policy of Insurance. A Division Bench of this Court in the