- (1.) Heard Sri Rajiv Chaddha, learned counsel for the appellant. List has been revised. No one appears on behalf of the respondent. Though respondent No. 1 is represented by Sri Tarun Verma, advocate. Despite the notice being sent by registered post to respondent Nos. 2 to 5, no one has put in appearance. Therefore, the present appeal is being decided ex parte against respondent Nos. 2 to 5. It appears that respondent No. 3 is the owner of the bus, bearing registration No. U.S.M. 8305.
(2.) The Tribunal vide order dated 30.5.1992 has awarded compensation at Rs. 95,000 alongwith interest @ 12% and directed the appellant to pay the amount.
(3.) Learned counsel for the appellant submitted that the accident took place on 16.8.1983. The deceased was the passenger of the bus. Under the policy the limited liability premium has been paid and, therefore, in view of Section 95(2)(b) of the old Motor Vehicles Act, 1939 (hereinafter referred to as the ("Act"). the insurance company is liable for the payment of Rs. 15.000 only and the balance amount is payable by the owner of the vehicle. He submitted that the insurance policy is on record and the submission has also been made by the appellant before the Tribunal that under the policy the Insurance company is liable for Rs. 15,000 only but the same has been rejected on the ground that the insurance policy has not been filed by the insurance company but has been filed by the claimants and that such plea has not been taken in the written statement. Learned counsel for the appellant submitted that while fixing the liability it is upon the Tribunal to look into that what is the statutory liability under the Act. The policy is on record. Therefore, the liability on the insurance company has to be fixed in accordance to the policy. Whether such plea has been taken by the insurance company in the written statement or insurance policy has not been filed by the insurance company but has been filed by the claimants is wholly irrelevant. He further submitted that interest awarded @ 12% is also excessive.;