( 1 ) THE present appeal has been filed by the New India Assurance Company Limited, appellant herein, under Section 110-D of the Motor Vehicles Act, 1939, against the judgment dated March 22, 1982, whereby, the learned Motor Accident Claims Tribunal, has awarded a sum of. Rs. 54,000. 00 in favour of the claimants, (respondents 1 to 6 herein ).

( 3 ) BRIEFLY stated, the facts giving rise to the appeal are, that on September 4, 1979, at about 8. 05 p. m. , deceased Laik Ram (hereinafter called the deceased), boarded the bus No. DLP 6733, from Bawana Bus stand, driven by respondent no. 7. Respondent no. 8 was the owner of the bus, which was insured with the appellant. When the bus reached near Bawana Brick Klin, deceased asked the driver to stop the bus. Upon this, the driver applied the brakes, but, when the deceased was still in the process of getting down, the driver gave race and the bus started suddenly at a fast speed, which caused fall of the deceased from the bus. Laik Ram was under the bus.

( 3 ) RESPONDENTS 1 to 6, filed a petition, under Section 110-A of the Motor Vehicles Act, thereby, claiming compensation of Rs. 1,50,000. 00, on the ground, that the death was caused on account of the rash and negligent driving of the vehicle, on the part of the driver, respondent no. 7.

( 4 ) FOR the purpose of this appeal, it is not necessary to state all the facts. It is, however, sufficient to note that the appellant failed to file the written statement, in spite of the opportunity, granted to it. Vide order dated May 26, 1981, the defence of the appellant was struck off by the learned Motor Accident Claims Tribunal.

( 5 ) ON the pleadings, following issues were framed :

1. Whether the Laik Ram deceased received fatal injuries in the accident on 4. 9. 79 caused due to rash and negligent driving of bus No. DLP-6733 on the part of respondent no. 1. 2. Whether the petitioners are legal representative of the deceased ? 3. To what amount of compensation, if any, are the petitioners entitled and from whom ? 4. Relief.

( 6 ) AFTER considering the evidence and statements of the witnesses, the Motor Accident Claims Tribunal, held that the deceased had received fatal injuries, in the accident, due to rash and negligent driving of the offending bus, on the part of the driver, namely, Ram Niwas. The claimants, were also held to be the legal representatives of the deceased and, as such, issue no. 2 was decided in their favour.

( 7 ) AS mentioned above, an award of Rs. 54,000. 00, has been made in favour of claimants and against the appellants and respondents 7 and 8 jointly and severally, along with costs. Respondents were given 2 months time to deposit the amount in the court, failing which, the claimants would be entitled to recover the same through court, with interest at the rate of 6% per annum, from the date of filing of the petition, till the date of its realisation.

( 8 ) THE only contention, urged before me, by Shri Pramod Dayal, learned counsel for appellant, is that under Section 95 (2) (b) (ii) (4) of the Motor Vehicles Act, 1939, the maximum liability of the appellant, Insurance company, had been limited to the extent of Rs. 5,000. 00, per passenger, in an accident of a passenger vehicle. According to Mr. Dayal, the maximum liability of the appellant, in the present case, was to the extent of Rs. 5,000. 00, in view of the aforesaid provision, as, the accident took place on September 4,1979, prior to the amendment of the act, which was with effect from October 1, 1982. Reliance has been placed upon the judgment is M. K. Kunhimohammed v. P. A. Ahmedkutty and Ors. 4 JT 1987 (3) S. C. 465.

( 9 ) THE relevant part of Section 95 (2) of the Motor Vehicles Act, 1939, as it stood prior to the amendment in 1982, reads as follows :-

"95 (2 ). Subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely- (a) where the vehicl