D.B.CIVIL SPECIAL APPEAL NO.74/1995 DATE OF ORDER : 2/11/2010 HON'BLE THE ACTING CHIEF JUSTICE MR.ARUN MISHRA HON'BLE MR. JUSTICE PRAKASH TATIA Mr.Sanjeev Johari, for the appellant. Mr.V.S.Choudhary, for the respondents. This intra court appeal has been preferred against the judgment rendered by the learned Single Judge in S.B.Civil Misc. Appeal No.346/93 decided on 4th May, 1995 thereby enhancing the compensation from Rs.25,000/- to Rs.1,50,000/- modifying the award dt.26.2.93 passed by the Motor Accidents Claims Tribunal, Udaipur in Claim Case No.85/86. The intra court appeal has been preferred on the ground that the liability of the insurer was limited as per the provisions of Section 95 of the Motor Vehicles Act, 1939, thus, the appellant could not have been held liable for the entire amount as awarded by the learned Single Judge. Mr.Sanjeev Johari, learned counsel for the appellant, has submitted that since the liability was limited and the question arose due to award of more sum than Rs.50,000/- by the learned Single Judge, there being no special contract for taking up the liability by the insurer over and above the amount, the learned Single Judge erred in settling the liability for a sum over Rs.50,000/- upon the appellant. We have taken up this matter, as intra court appeal is of the year 1995. The other intra court appeals being D.B.Civil Special Appeals No.72/95 and No.71/1995 have been dismissed by the common order dt.1.3.2005 by the Division Bench of this Court. Those appeals have been dismissed on the ground that the plea has not been raised in the reply before the Tribunal and the policy has not been produced. No useful purpose is going to be served by keeping this appeal pending in view of the dismissal of those two appeals and as stated in the pleading of the instant case on behalf of the insurer, it is not in dispute that the plea of limited liability has not been raised. Apart from that, no evidence has been adduced by the insurer to prove the policy. The policy has not been produced before the Tribunal or even alongwith the appeal. At no stage, it has seen the light of the day, as such, we cannot accept the submission of the learned counsel for the appellant in absence of the policy having been produced by the insurer that its liability was limited. In view of the aforesaid, we have no hesitation in dismissing the present appeal, which is entirely meritless. The instant appeal being devoid of merit is dismissed. No costs. (PRAKASH TATIA), J. (ARUN MISHRA), ACJ RANKAWAT JK, PS