LAWS(GAU)-2000-12-7

NATIONAL INSURANCE CO LTD Vs. A ASUSU

Decided On December 04, 2000
NATIONAL INSURANCE CO. LTD. Appellant
V/S
A.ASUSU Respondents

JUDGEMENT

(1.) Heard Mr. B.N. Sarmah, learned counsel for the revisionist as well as Mr. C.T. Jamir, learned counsel for the respondents.

(2.) This revision petition has been filed against the order dated 13.4.2000 passed by the learned Member, Motor Accident Claims Tribunal, Nagaland, Dimapur in MAC Case No. 13/2000 whereby the claimant was awarded RS, 25.000/- as no fault Liability under Section 140 M.V. Act, 1988.

(3.) It is submitted by Mr. B.N, Sarmah that no fault liability awarded by the Tribunal are contrary to the provision of Sections 140 and 142 of the Act. Section 140 deals with the liability without fault in certain cases. This Section enable the Tribunal to award no fault liability compensation in a case where death or permanent disablement of any person has been resulted from an accident arising out of the use of motor vehicle or motor vehicles. Section 140 of the Act has to be read conjointly with Section 142.