( 1. ) THIS is insurance companys appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act), challenging its liability under award dated 30th August, 1988 passed by Mr. M. M. Boari, Motor Accidents Claims Tribunal, Satna, in Motor Claim Case No. 9 of 1986.

( 2. ) THE respondent No. 1, Ram Kumar Tamarakar, preferred a claim under Section 110-A of the Act for a sum of Rs. 50,000/-, on account of death of his son Rajesh Kumar, aged about 13 years, killed in an accident caused by bus No. MPS 5898 on Maihar-Satna Road on 3. 7. 1972. It was alleged by him that the said bus was insured by the appellant company for unlimited liability and was being driven in a rash and negligent manner. The appellant insurance company admitted that the bus was insured with it but denied that its liability was unlimited. According to it, its liability was limited to Rs. 5,000/- only for each passenger in view of Section 95 (2) (b) (ii) of the Act. The learned Tribunal, on the basis of the evidence adduced by the parties, came to the conclusion that the bus was being driven in a rash and negligent manner and, therefore, claimant was entitled to compensation. The