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Judgment
Heard the learned Counsel for the appellant.
The only submission that has been made is, compensation awarded is excessive.
This is a case where the death has taken place on account of rash and negligent driving by the driver of the appellant. The claimant has claimed compensation to the tune of Rs. 2 lakhs. The Tribunal has considered it by considered order awarding in total a sum of Rs. 1,01,200-00 in total as compensation. The amount awarded does not appear to be on the higher side nor does it appear to be excessive. It might have been a case where the claimant should have filed an appeal. Anyway, the amount not being excessive, this point has got no force.
On behalf of the appellant, it was further contended that the vehicle was driven by the driver without seeking permission of the appellant. This involves a question of fact. This plea has not and does not appear to have been raised before the Claims Tribunal nor any issue have been pressed before the Claims Tribunal. The order of the Claims Tribunal does not indicate that any such plea was addressed before it. Learned Counsel submitted that only in memo of appeal, this plea has been raised. In view of the law laid down by the Privy Council in the case of AIR 1930 18 (Privy Council) , that if with respect to a plea, no issue has been directed and pressed and the point does not appear to have taken at the Bar during trial, even if the plea was contained in the written statement or taken in the grounds of appeal, the same cannot be allowed. In the Privy Council''s decision, the plea of limitation, no doubt, had been taken in written statement and in the grounds of appeal, but no issue was pressed and no argument was raised before the Trial Court, so their Lordships of the Privy Council observed that such a plea cannot be allowed to be raised at appellate stage.
In this view of the matter, in my opinion, the second submission is also without merits. As the appeal has got no merits, it is hereby dismissed under Order 41, Rule 11 of the CPC.