THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1699 of 2011 JUDGMENT: The appeal is filed by the insurance company against the judgment and decree dated 15.03.2004 in M.O.P.No.1194 of 2001 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Visakhapatnam questioning the liability. The 1st petitioner herein has filed a claim for damages to the vehicle i.e. Tata Model Bus bearing No.AP10Z4759 consequent on the collision with the lorry bearing No.APL 3891, which is said to have been insured with the appellant herein, on 27.06.1998 at Uddandapuram of Visakhapatnam. The lower Tribunal after considering the material on record, came to the conclusion that the lorry was insured with the appellant and the incident was due to rash and negligent driving of the lorry by its driver. However, the contention of the appellant that with regard to the statutory liability to a tune of Rs.6,000/- was not accepted on the ground that the policy was not filed and no material evidence is also adduced. Evidently, the statutory liability under Section 147 (2) of the Motor Vehicles Act is subject to contract to the contrary between the parties. If the insurance company had collected extra premium for insuring the damages to unlimited amount then the insurance company cannot escape the liability. It is a question of fact to be established by the insurance company. Since the learned counsel for the appellant says that there is a valid policy, which could not be filed earlier, the matter is remanded to the lower Tribunal for giving an opportunity to the appellant to file the policy of the insurance and to prove whether the risk is covered for unlimited third party damage or whether the liability is only for statutorily limited. Therefore, in view of the above circumstances, the appeal is allowed and the matter is remanded to the lower Tribunal for the limited purpose as indicated above. The lower Tribunal is directed to dispose of the case within three months. No costs. ________________________ N.R.L.NAGESWARA RAO, J 05-09-2011 Note: Issue cc in 3 days. B/o MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1699 of 2011 DATE: 05-09-2011 MR