NEW INDIA ASSURANCE CO LTD Vs. R VANAJA

JUDGEMENT

(1.) FOR the sake of convenience, the parties herein are referred to as they were arrayed in the claim petition.

(2.) ON 20.03.1989, at about 11.30 pm, while the claimants were proceeding in a Scooter bearing Registration No.TCH.3663 along Poonamallee Check Post, a car bearing Registration No.TMT.2458 belonging to the second respondent came in a rash and negligent manner and dashed against the Scooter and caused the accident, in which both the claimants sustained serious injuries. The claimants, who are brother and sister claimed a sum of Rs.50,000/- and Rs.1,00,000/-, respectively, as compensation.

(3.) THE scope of this matter is very limited. Section 92-A of the Motor Vehicles Act, 1939 provides for payment of Rs.7500/- for the injuries on account of 'no fault liability'. THE accident took place on 20.03.1989 before advent of the amended Act in 1988, which came into effect from 01.07.1989. As per the provisions of Section 92-A of the Motor Vehicles Act, 1939, the Insurance Company is liable to pay a sum of Rs.7500/- to each of the claimants in view of 'no fault liability'.