S.K. Dubey, J.

1. Hon'ble the Chief Justice has ordered on a reference being made by one of us (S.K. Dubey, J.) that this case be placed before the Division Bench for the opinion of the Bench on the two questions specifically posed and for deciding the revision on merits. Questions posed are these:

(1) Whether in a case where the insurance policy contains reservation clause the insurance company can raise all the defences which are available to the insured?

(2) Whether a revision under Section 115 of the Civil Procedure Code lies to High Court against an order passed by the Motor Accidents Claims Tribunal?

2. Facts giving rise to this revision are these. The applicant/claimant filed an application under Section 166 of the Motor Vehicles Act, 1988, (for short, the 'new Act') and claimed compensation of Rs. 3,53,000 for the injuries received by her in a motor accident caused on 3.8.1992 by truck No. HRP 8622 owned by non-petitioner No. 2, driven by non-petitioner No. 1 and insured by the United India Insurance Co. Ltd., non-petitioner No. 3. After notice, all the three non-petitioners filed their written statements denying the claim. At the trial, the insurance company made a pra