PAYALBEN JAYESHBHAI YAGNIK Vs. JAYESHBHAI G YAGNIK

JUDGEMENT

(1.) . Payalben Jayeshbhai Yagnik, appellant - original applicant has filed this appeal against the judgment and order dated 30th November, 2001, passed by the Motor Accident Claims Tribunal, Ahmedabad in M.A.C.P. No. 11/2000 The learned Judge by his impugned judgment was pleased to reject the said application which has been filed under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) . The facts giving rise to this petition are as under:

(3.) Learned advocate for the appellant has relied upon Chapter - VIIA and Section 92A of Motor Vehicles Act, 1939 (hereinafter referred to as 'Old Act') provides "Liability to pay compensation in certain cases on, the principle of no fault". He has also relied upon Section 92B which provides the provisions as to other right to claim compensation for death or permanent disablement. Section 93E provides overriding effect to the provisions of this Act. Chapter VIIA was ushered in with effect from 1-10-1982 by the Act 47 of 1982 as long waited measure of social justice