ORIENTAL INSURANCE COMPANY LIMITED Vs. P MARIYAMMA

JUDGEMENT

(1.) These 24 appeals are filed by the Oriental Insurance Company against the common order passed by the Motor Accidents Claims Tribunal, Khammam, awarding compensation to the various respondents ranging from Rs.2,000/- to Rs.7,500/- with interest at 12% per annum. All O.Fs. arise out of the accident that took place on 31-8-1987 involving the lorry bearing No. ADB 1765 and were filed before 1-7-1989. These 24 persons who were among 70 agricultural coolies travelling in that lorry, sustained grievous and multiple injuries in the accident mat took place as a result of rash and negligent driving of the driver of the lorry.

(2.) The Tribunal by its common Award dated 6-4-1990 held that the accident took place due to the rash and negligent driving of the lorry driver and awarded compensation against the owner and driver of the lorry and the Insurance Company. Against this order, the Insurance Company filed appeals on 5-10-1990.

(3.) A preliminary objection was taken by the respondents that the appeals are not maintainable under Section 173 (2) of the Motor Vehicles Act, 1988, hereafter referred to as new Act, inasmuch as the amounts in dispute in all the appeals are less than Rs 40,000/-. Under the Motor Vehicles Act, 1939, hereafter referred to as the old Act, the limit was Ra.2,000/-. The learned Counsel for the appellants opposes this preliminary objection saying that as the claim petitions were filed before 1-7-1989, the date of coming into force of the new Act, Section 110-D of the old Act applies and the appeals are maintainable.