Order Heard the parties and perused the counter affidavit tiled today by owner at the vehicle, respondent no.8. 2. In a motor accident dated 28.7.1996, one Lakhanlal Gupta, aged about 45 years, who was traveling on a Mini Bus (BRB-6218) sustained severe injury on his chest and died on 9.8.1996, Claim Case No. 14 at 1996 was tiled by his widow, son and daughters for compensation under the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). At the relevant time the said vehicle was insured with the Oriental Insurance Co. Ltd. The Tribunal, on the basis of evidence on record, assessed annual dependency at Rs. 6000/- and considering age of the deceased and other circumstances applied 12 multiplier, hence, total amount of compensation was calculated at Rs. 72000/- with 6% interest perineum from the date of filing of the claim application till payment. 3. In the present appeal, filed on behalf of Insurance Company, only question has been raised of its limited liability in respect of a passenger, which was only Rs. 15000/-, under Section 95(2)(b)(ii) of the Act. The insurance policy taken out by the insurer of the vehicle in question, the appellant herein, which was in force at the relevant time, has been produced before me. The owner of the vehicle in spite of sufficient opportunity having been given to him failed to produce the original Insurance policy. There is nothing on record to disbelieve the content of the Insurance policy produced by the appellant in this appeal. Its contents have also not been disputed by the insured. The policy shows that the insured had estimated value of the vehicle at Rs. 98000/-. In the schedule of premium, there was an additional payment of Rs. 372/- in respect of 31 passengers. The claim against this amount states add for 11 passengers as per end IMT 13". On behalf of the appellant-Insurance Company it has been contended that premium was charged @ Rs.12/- per passenger, in respect of 31 passengers, to cover its limited liability under Section 95 of the Act, which was then in force. It is pointed out with reference to the Company's tariff in respect of legal liability for accident to passenger that in case of limit for liability of anyone passenger at Rs. 15000/- rate of annual premium per passenger was Rs. 12/-. Likewise on the limit of liability at Rs. It is pointed out with reference to the Company's tariff in respect of legal liability for accident to passenger that in case of limit for liability of anyone passenger at Rs. 15000/- rate of annual premium per passenger was Rs. 12/-. Likewise on the limit of liability at Rs. 20,000/-, rate of premium was Rs. 23/- per passenger and so on. In respect of unlimited liability, premium payable was Rs. 50/- per passenger. Admittedly in the present case additional premium was paid @ Rs. 12/- per passenger, which was clearly referable to statutory liability of Rs. 15000/- per passenger, under Section 95(2)(b)(ii) of the Act. Here there was no special contract between the Insurance Company and the respondent no.8, owner of the vehicle to cover unlimited liability in respect of any accident to passenger. In absence of such an express agreement, the policy covered only the statutory liability. 4. Accordingly, this appeal succeeds to the extent that the Insurance Company is liable to indemnify the owner's liability to pay compensation to the respondents 1 to 7 to the extent of Rs. 15000/- only, with interest at the rate of 6% per annum and the balance amount Rs. 57000/- with 6% interest from he date of claim application till payment is payable by the respondent no.8. Who is owner of the vehicle. 5. The impugned judgment and award is modified to the aforesaid extent and this appeal is disposed of.