RAJAMANI Vs. A RAMAR

JUDGEMENT

(1.) Claimants in M.C.O.P.No. 485 of 1986 on the file of the Motor Accidents Claims Tribunal (II Additional District Judge), Tiruchirapalli are the appellants in the above appeal. In respect of death of one Manickam in a motor vehicle accident on 21-5-86, his wife, minor children have prayed for a compensation of Rs.3 lakhs. The Tribunal on the basis of the materials placed and after holding that the accident was caused due to the negligence of the driver of the private bus, passed an award for Rs.47,900/- with interest at 12 per cent from the date of petition. Against the dis-allowed claim, the claimants have preferred the above appeal.

(2.) Heard the learned counsel for the appellants as well as learned counsel for the contesting second respondent-Insurance Company.

(3.) Mr. R. Thiagarajan, learned counsel for the appellants, after taking us through the oral and documentary evidence, has pleaded for higher compensation as claimed. On the other hand, Mrs. Kala Remech, learned counsel for the second respondent-Insurance Company, would contend that in the light of the fact that the owner of the vehicle in question, first respondent in this appeal, died long back and that his legal representatives were not brought on record till date, there cannot be any order for enhancement of compensation. She also contended that in view of Section 95 (2) (b) of the Motor Vehicles Act, 1939, their liability is limited to an extent of Rs.,5000/- per passenger, and that even in the absence of cross objection, in the light of Order 41 Rule 33 of the Code of Civil Procedure, the award in so far as the Insurance Company is concerned may be restricted to Rs.5000/-.