NEW INDIA ASSURANCE COMPANY LTD Vs. SULTANALI MAHEBOOBALI

JUDGEMENT

(1.) BY this appeal the appellant challenges the judgment and award passed by the Motor Accident Claims Tribunal, Yavatmal dated 14.8.1991 in Claim Petition No.123/1990 granting compensation to the tune of Rs.1,49,000/- to the claimants along with interest @ 12% p.a. from the date of the application till its realization.

(2.) THE insurance company has not challenged the quantum of compensation awarded to the claimants, but has raised a challenge to the liability of the insurance company to pay compensation to the claimants. According to the claimants, the accident took place on 10.5.1990 and provisions of section 147 of the Motor Vehicles Act 1988 as amended in the year 1994 could not have been made applicable to the facts of this case by relying on various judgments referred by the Tribunal in the impugned award dated 14.8.1992, as the accident occurred in the year 1990 and the unamended provisions of section 147 of the Act of 1988 applied to the facts of this case.

(3.) ON hearing the learned counsel for the appellant/ insurance company and on perusal of the impugned judgment dated 14.8.1992, it appears that the following points arise for determination in this first appeal: