NEW INDIA ASSURANCE CO LTD Vs. KHIMULI DEVI

JUDGEMENT

(1.) Heard learned counsel. The appeal has been preferred against an award made under Section 92A of the Motor Vehicles Act, 1939. One Dhan Singh Rawat died as a result of an accident on November 22, 1982. A claim of Rs. 15,000 was preferred under Section 92A of the Motor Vehicles Act by his widow. Various pleas were taken by owners of the vehicle involved as well as by the insurer. The Claims Tribunal, after considering the evidence on the record, allowed the claim petition for a sum of Rs. 15,000 from the insurer with interest at the rate of 6 per cent per annum. Under the provisions of Section 92A of the Act, in case of death in a motor accident, an amount of Rs. 15,000 is to be paid to the heirs of the deceased, whether or not there was rash or negligent action on the part of the driver of the vehicle involved.

(2.) The above provision has been introduced in the Act for the benefit of the heirs of the deceased so that they may receive at least Rs. 15,000 in case of death of a person in a motor accident. I do not find any ground either to admit this appeal or to stay the realisation of this amount from the insurer. The pendency of a regular claim petition under Section 110 of the Motor Vehicles Act is no bar to the making of this payment. The amount of Rs. 15,000 has, therefore, to be paid in view of the provisions of Sections 92A and 92B of the Motor Vehicles Act.

(3.) The appeal is consequently dismissed in limine.