MAHAMOD FAZLULLA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS court in m. F. A. Nos. 1622 to 1625 of 1997 declared that the liability of the insurer is only limited to Rs. 20,000 per passenger, since the policy is issued under section 95 (2) of the Motor Vehicles Act, 1939. The balance of compensation is directed to be payable by the insured. The insured has filed the above review petitions.

(2.) MOTOR Vehicles Act, 1939 is replaced by Motor Vehicles Act, 1988 which came into effect from 1. 7. 1989. The provisions of section 95 of Motor Vehicles Act, 1939 correspond to provisions of section 147 of motor Vehicles Act, 1988.

(3.) THE counsel for the insurer resisted the review petition on the ground that the points urged in the review regarding scope and legal effect of section 147 (2) was not urged in the course of appeal. Therefore, not entitled to re-argue the appeal under the guise of review.