THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.87 of 2004 JUDGMENT: This appeal is filed under Section 173 of the Motor Vehicles Act against the order, dated 29.04.2002, passed by the learned III Additional Chief Judge, City Civil Court, Hyderabad in O.P.No.414 of 1999 filed by respondent Nos.1 to 5 herein. The Tribunal awarded a sum of Rs.3,23,912/- as compensation and apportioned the same among respondent Nos.1 to 5. The principal contention advanced by the appellant is that it is not liable to pay the compensation since the deceased travelled as a passenger in an Oil Tanker. Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1 to 5. The necessity for this Court to deal with the matter on merits is obviated on account of a substantial development. Respondent Nos.1 to 5 filed C.M.A.No.1609 of 2003 seeking enhancement of compensation that was awarded in O.P.No.414 of 1999. The appellant herein figured as respondent No.2 in that appeal. Through its judgment, dated 01.07.2010, this Court allowed C.M.A.No.1609 of 2003 and enhanced the compensation to Rs.5,39,800/-. In that view of the matter, the appellant cannot canvass separate grounds vis-à-vis the order passed by the trial Court. Hence, the appeal is dismissed. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:10.11.2011 kdl