S.Narayan, J. - (1.) This is an appeal by the defendant No. 2 being M/s. New India Assurance Company Ltd., the insurer of a public vehicle who feels aggrieved of the Award dated August 20, 1988 passed by the Judge, Motor Accident claim Tribunal in M.A.C. Case No. 30 of 1983, whereby there was a direction upon it (the appellant) to pay a sum of Rs.40,000/- as compensation for the loss of life of one. Kashinath Banerjee, along with interest @ 6? % from the date of filing of the claim till its realisation. The claimants were the widow and a minor son of the deceased Kashmath Banerjee.
(2.) A claim petition being one under section 11 0A of the Motor Vehicle Act, 1939 (Old Act) was preferred by or on behalf of the widow and a minor son of the deceased, who had lost his life in an accident taken place on 31.10.82 when he was travelling in a public passenger bus bearing No. WBU 67 and was thrown out of the vehicle due to heavy jerk as a result of rash and negligent driving of the vehicle. The accident took place at Makardah Road within P.S. Bantra, District-Howrah.
(3.) Since the appellant has challenged only the quantum of the compensation during the course of the hearing and of this appeal. It may not be necessary to go into any further details of the occurance beyond what has been noted above. It may be further added here that though the owner of the bus being defendant No. I also was a party to the proceeding before the Tribunal, the Impugned Award did not lay any liability on him. It was only upon the insurer of the vehicle, that is, the appellant-defendant No. 2 upon whom the sole liability was imposed to pay the amount of compensation, which was determined at a sum of RS. 40.000/-. There was admittedly no cross objection preferred by or on behalf of the claimants to impose any liability also on the owner of the bus and in this way the claimants have forfeited any sort of claim against the owner of the vehicle, by way of vicarious liability of the owner for rash and negligent driving of the vehicle by his employee, that is the driver of the bus-in-question. The fate of the appeal thus hangs over only this aspect of the matter whether the appellant-insurer was liable to pay compensation as determined by the Tribunal. The sole ground of appeal which was urged in the course of hearing was that the appellant's liability in the instant case was limited to the extent of Rs. 15,000/- only as provided under section 95(2) (b) (ii) of the erstwhile Motor Vehicle Act, 1939.;