1.0 This appeal is directed against the judgement and award dated 20th February 1996 passed by the learned Motor Accident Claims Tribunal (Aux.), Nadiad in Motor Accident Claim Petition No.827 of 1986 whereby the Tribunal has awarded a sum of Rs.2,53,800/- along with interest at the rate of 12% per annum from the date of application till realization.
2.0 On 24.9.1985 the original claimant along with one Prabhatsinh was traveling in a three-wheeler Tempo loading therein their Hero Majestic Moped and some plastic pipes. The driver of the Tempo lost control over the tempo and the tempo dashed with parapet of a bridge. The claimant sustained injuries and had to take prolonged treatment. He therefore filed the aforesaid claim petition wherein the impugned award came to be filed.
3.0 The only contention raised on behalf of the appellant is that the policy does not mention any extra premium paid for the purpose of making the insurance liability unlimited.
4.0 As a result of hearing and perusal of the record it is evident that this contention was not raised before the Tribunal. In fact no contention regarding the liability of the insurance company was raised before the Tribunal. Consequently no evidence was also led on that question before the Tribunal. In that view of the matter, the appellant cannot raise such a plea in this appeal. This appeal is therefore dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru* Top