NEW INDIA ASSURANCE CO. LTD Vs. RAMESH KALITA

JUDGEMENT

(1.) THE appellant the New India Assurance Co. Ltd., hereafter the Company assails the award dated 21-4-87, under Section 92-A of the Motor Vehicles Act 1939, hereafter the Act, by the Motor Accident Claims Tribunal, Kamrup, Gauhati.

(2.) BRIEFLY , the relevant facts are that the accident had occurred on 19-12-78. The claim for compensation for the death of Diganta Kalita was made by his father and was pending, when on 1-10-82 the Motor Vehicles Amendment Act 1982 Act 47 of 1982 came into force and a new chapter VII-A 'liability without fault in certain cases', which included Section 92-A, was introduced. The claimant respondent moved Under Section 92-A for award of Rs. 15,000/-. The learned tribunal by the impugned award, held that the provisions of Section 92-A were available and court be invoked in a pending claim case for claim thereunder. The award for Rs. 15,000/- in favour of the claimant was made and the appellant Company was directed to make payment.

(3.) SHRI Das, learned Counsel appearing for claimant respondent has supported the award.