I.S.ISRANI,J. - (1.) THIS appeal has been filed against the award passed by the Motor Accident Claims Tribunal, Bharatpur on 18th July, 1985 where by claim of the appellants was partly allowed.
(2.) IT will suffice for the purpose of this appeal to state that the claimants filed claim petition in the trial Court in respect of the death of their son in an accident occurred on 7th February, 1982. The claim was filed on 29th May, 1982. The trial Court after recording evidence of both the parties and hearing the arguments passed an award amounting to Rs. 45 000/ - along with interest at rate 6% p.a. from the date of filing of the claim petition. The contention of the learned Counsel Mr. Tripurari Sharma appearing for the appellants is that the claim was filed for award of Rs. 3,21,000/ - but only Rs. 45,000/ - have been awarded to the claimants He further points out that during the pendency of this appeal appellant No 1 Ram Narain has expired. An application Under Order 21, Rule 3, CPC dated 7th August, 1987 has been filed to bring legal representatives of the deceased on record. However, since Smt. Snail Kumari, mother of the deceased is already on record, it is not necessary to bring other legal representatives of deceased appellant No. 1 on record.
(3.) AS per the provision of law the liability of the insurance company the respondent No. 3, is admittedly upto Rs. 50,000/ - only. The whereabouts of respondents Nos. 1 and 2 the driver and the owner of the truck were not known hence they were served by means of substituted service. The respondent No. 4 is a formal party.;