THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, K.R. ROAD FORT BANGALORE Vs. SMT. SHARADAMMA W/O LATE GOVINDA

JUDGEMENT

(1.) This appeal is by the Insurer challenging the Judgment and Order passed by the Motor Accident Claims Tribunal, Bangalore, [the Tribunal, for short] in MVC No. 2194/2009

(2.) Briefly stated the facts are:

(3.) Per contra, learned Counsel appearing for the claimants supports the impugned Judgment and Award and contends that Section 163A of the Act is a special provision based on 'no fault liability'. The Tribunal was justified in awarding the compensation and directing the owner/insurer of both the vehicles to make payment of the compensation equally i.e., 50% each.