( 1 ) THIS appeal by the insurance company is against the award dated 7. 2. 2005 passed by the Third Additional motor Accidents Claims Tribunal, Ujjain in m. V. C. No. 28 of 2004. By the impugned award for the death of Shyama in an accident arising out of use of motor vehicle in a public place, Claims Tribunal assessed and awarded total sum of Rs. 1,70,000 (rupees one lakh seventy thousand) as compensation payable to legal representatives of the deceased. The driver and owner of the vehicle remained ex parte before Claims Tribunal whereas the appellant insurance company contested the claim denying its liability to pay compensation. Overruling the objection of the insurance company learned Claims tribunal has fastened the liability jointly and severally on the driver, owner and the appellant insurance company. Hence this appeal by the insurance company.

( 2 ) AT the outset, it may be stated that there is no cross-appeal or cross-objection for enhancement. Learned counsel appearing for the appellant also submitted that the quantum of compensation determined and awarded by the Claims Tribunal is not under challenge in this appeal. It is confined only to the limited ques