1.0 This appeal is directed against the judgement and award dated 25.04.1995 passed by learned Motor Accident Claim Tribunal, Ahmedabad in Motor Accident Claim Petition No.288 of 1991 whereby the Tribunal has awarded a sum of Rs.3 lacs along with interest at the rate of 12% per annum.
2.0 On 10th July 1989 Rameshkumar Patel was going for call of nature and while crossing road he was run over by auto rickshaw No.GTJ 8193. He sustained serious injuries and removed to hospital. However, he succumbed to the injuries on 13th July 1989. The legal heirs of the deceased therefore filed the aforesaid claim petition wherein the aforesaid award came to be passed which is challenged in the present appeal.
3.0 Learned advocate for the appellant mainly contended that the vehicle was a rickshaw where passengers are carried. In case of this type, the liability of the Insurance Company under the Act is only Rs.50000/. He submitted that there is no evidence to show that the insured had paid more premium to cover up unlimited liability.
4.0 As a result of hearing and perusal of the record it is found that the contention with regard to limited liability was not raised before the Tribunal. This Court has also examined the record and even in the written statement there is no reference with regard to limited liability. In that view of the matter it will not be appropriate to allow such contention in this appeal which is raised for the first time.
5.0 I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. This appeal is therefore dismissed. No order as to costs.
(K.S. JHAVERI, J.) niru*