NEW INDIA ASSURANCE CO LTD Vs. KAMLA

JUDGEMENT

(1.) THE Appeal has been filed by the Appellant/New India Assurance Company impugning a judgment dated 06.07.2010 whereby a compensation of Rs. 3,66,000/- (including the interim compensation of Rs. 50,000/-) was awarded in favour of Respondents No. 1 to 4.

(2.) THE ground of challenge is the failure to prove the negligence and the quantum of compensation. During the pendency of the Claim Petition an application under Section 163-A of Motor Vehicle Act (the Act) was moved but that was withdrawn by the Respondents.

(3.) THIS Court in the case of Rukmani Devi v. New India Assurance Company Limited & Anr., 2009 ACJ 2202 held that provision for award of compensation under the Motor Vehicle Act is a beneficial piece of legislation and, therefore, an endeavor has to be made to see as to how the best the intention of legislation can be achieved so as to safeguard the interest of the victims of the accident. In para 14 it was held as under:-