Shiv Narayan Dhingra, J.

The present appeal has been preferred by the claimants against an award dated 28.5.1994 whereby the learned Tribunal awarded an amount of Rs. 5,40,000 as compensation to the claimants and held that respondent Nos. 1 and 3, i.e., M.M. Public School, owner of Matador No. DEP 3723 and its driver Ram Akbal were liable to pay the amount. The claimants have sought enhancement in the compensation amount and the award is assailed also on the ground that insurance company was liable to pay the damages.

2. Cross-objections were preferred by respondent No. 3, i.e., M.M. Public School, submitting that the insurance company alone was liable to pay the entire compensation amount and not the driver and owner of Matador since the vehicle was duly insured by the owner with the insurance company. However, the respondents were proceeded ex parte by the Tribunal as the advocate engaged by the respondents failed to discharge his duty and did not bring it to the knowledge of the Tribunal that the vehicle was duly insured. It was submitted that the Tribunal has exonerated insurance company on the ground that the insurance company had denied the insurance. However, the ins