NATIONAL INSURANCE CO Vs. SUNEETA

JUDGEMENT

(1.) THE appeal is admitted. By consent the appeal is taken on Board for final hearing.

(2.) IN the instant case the claim for compensation for non-fault-liability is governed by section 92-A of the Motor Vehicles Act, 1939. It is well-settled that the compensation payable for no-fault-liability for an accident which took place prior to the date of coming into force of the Motor Vehicles Act, 1988, shall be governed by the provisions of section 92-A of the Motor Vehicles Act of 1939. In the present case, the Motor Accident Claims Tribunal, however, granted the compensation of Rs. 25,000/- instead of Rs. 15,000/ -. The Award is, therefore, not sustainable.

(3.) THE impugned order is modified. Respondent No. 1 is entitled to receive a sum of Rs. 15,000/- only. The petitioner is not liable to deposit the additional sum of Rs. 10,000/ -. The appeal thus stands disposed of, with no order as to costs. Order modified.