NEW INDIA ASSURANCE COMPANY LIMITED Vs. CHOTINABEE MASTANBEE PUNGANURU KASEEM SAHEB S K KHADER BHASHA

JUDGEMENT

(1.) All these appeals can be disposed of by a common order.

(2.) It is needless to mention the details in all the cases but suffice it to state that the deceased in each of the appeals was travailing in the lorry APQ 4309, belonging to the first respondent in the court below, the third respondent herein, which was insured with the appellant and when it reached the tank bound near Maddipatlapalle on 31/10/1983, at about 10 p.m. on the ChitoorIrala road, the lorry was involved in an accident as a result of which the deceased died. then their legal representatives filed applications initially under section 110A of the Motor Vehicles Act, 1939 (for short "the Act"). Subsequently, they have been converted into one under section 92A of the Act. Statutory liability under this section has been fixed for the death at Rs. 15,000 and compensation was awarded by the lower court as against which the present appeals have been filed.

(3.) Sri I.A. Naidu, learned counsel for the appellants, has strenuously contended that the applications having been filed under section 92A of the Act, they cannot be converted into one under section 110A and thereafter they cannot be renumbered as one under section 92A. It would appear that there was some amount of confusion in the thinking of the counsel for the claimants and he went on dabbling with the matter but ultimately the court below found that the correct procedure to be adopted is one under section 92A of the Act. Therefore, the question that arises for consideration is whether the claim under section 92A of the ACt is maintainable.