1. This appeal has been preferred against the judgment and award dated 23.04.1990 passed by the Motor Accident Claims Tribunal (Main), Mehsana in M.A.C.P. No.773/1984 whereby, the claim petition was partly allowed and respondents no.1 to 4, original claimants, were awarded total compensation of Rs.1,41,000/- along with interest at the rate of 12% per annum from 19.12.1984 till the amount is deposited before the Tribunal or recovered.
2. The facts in brief are that on 22.06.1984 while Murlidhar Nenmalji Nagar was going to a nearby market on his bicycle and was passing through the Ahmedabad – Kalol Highway, an Ambassador Car bearing registration No. GRR 2021, driven by original opponent no.1, owned by respondent no.6 and insured with the appellant-Insurance Company, dashed the bicycle. In the said accident, Murlidhar sustained severe bodily injuries and ultimately, succumbed to it during the course of treatment. His legal heirs filed claim petition before the Tribunal, which came to be partly allowed by way of the impugned award. Being aggrieved by the award, the appellant has preferred the present appeal.
3. Heard learned counsel for the parties. The main contention raised on behalf of the appellant-Insurance Company is that the liability of the Insurance Company was limited. However, the Tribunal failed to appreciate the said aspect of the case and held the Insurance Company along with other opponents jointly and severally liable to pay the awarded amount.
4. From the records of the case, it appears that the aforesaid plea was never raised before the Tribunal. When the same was not raised before the Tribunal, it is not open to the Insurance Company to raise the same in the present proceedings.
5. No other contention has been raised by learned counsel for the appellant.
6. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*