National Insurance Co. v. Suneeta w/o. Madanlal Pardeshi and others
1992-10-02
A.D.MANE
body1992
DigiLaw.ai
JUDGMENT -A.D. MANE, J.:-The appeal is admitted. By consent the appeal is taken on Board for final hearing. 2. In the instant case the claim for compensation for non-fault-liability is governed by section 92-A of the Motor Vehicles Act, 1939. It is well-settled that the compensation payable for no-fault-liability for an accident which took place prior to the date of coming into force of the Motor Vehicles Act, 1988, shall be governed by the provisions of section 92-A of the Motor Vehicles Act of 1939. In the present case, the Motor Accident Claims Tribunal, however, granted the compensation of Rs.25,000/- instead of Rs.15,000/-. The Award is, therefore, not sustainable. 3. The impugned order is modified. Respondent No.1 is entitled to receive a sum of Rs.15,000/- only. The petitioner is not liable to deposit the additional sum of Rs.10,000/-. The appeal thus stands disposed of, with no order as to costs. Order modified.