SRINIVASAN, J.

1. When this appeal is taken up, a representation is made by learned counsel for the first respondent who is the claimant, that the Managing Partner of the second respondent firm is no more. According to him, he died one year back and he does not know the exact date of his death. It is not the case of any of the parties that the firm got dissolved on the death of the Managing Partner. No steps have been taken by any of the parties to bring any other person on record as representing the firm.

2. The only contention raised by the appellant in the appeal is that the liability of the Insurance Company is limited to Rs. 5,000/- by the express terms in the Policy which is marked as Ex. B1. The relevant clause in the policy reads thus:—

“In consideration of an additional premium and notwithstanding anything to the contrary contained in section II 1(c) but subject otherwise to the terms, exceptions, conditions and limitations of this Policy the Company will indemnify the Insured against liability at law for compensation (including Law Costs of any Claimant) for death of or bodily injury to any person other than a person excluded under Section II 1(b) being carried