( 1. ) THIS Full Bench has been constituted on a reference made by a learned single judge of this court to decide the following questions of law ;

" (1) Whether, in a claim case for compensation exceeding the minimum statutory limit, as prescribed under Section 95 of the Motor Vehicles Act, the claimant cannot be awarded a sum higher than the said minimum statutory limit against the insurance company unless he pleads and proves that the insurer provided in the contract of insurance for a sum higher than that fixed under Section 95 (2) (b) ? (2) Whether the Tribunal can award against the insurance company a compensation amount in excess of the minimum statutory limit, as provided under Section 95 of the Motor Vehicles Act when neither the claimant nor the insurer has pleaded or proved the terms and conditions of the insurance policy ?"

( 2. ) THE material facts giving rise to this reference, briefly, are as follows :

Respondent No. 1 who was travelling in a passenger bus owned by respondent No. 2 and driven by respondent No. 3 sustained injuries in an accident caused by rash and negligent driving of the bus. On an application made by respondent No. 1 before the Motor Acciden