SALIM Vs. JASWANT KAUR

JUDGEMENT

(1.) THE short question agitated in the present appeal, directed against the award of the learned Motor Accident Claims Tribunal, Sangrur dated 7.1.1986 is as to if the liability of the Insurance Company (National Insurance Company) would be to the extent of Rs. 1,50,000/- or would confine to Rs. 50,000/-. The learned Tribunal allowed the compensation to the tune of Rs. 76,800/- but limited the liability of the respondent-Insurance Company to the tune of Rs. 50,000/- keeping in view the provisions of Section 95(2) of the Motor Vehicles Act.

(2.) THE sole argument raised is that inadvertently the learned Tribunal did not notice the amendment effected in the Motor Vehicles Act w.e.f. 31.8.1982 vide Motor Vehicles Act, 1982.

(3.) AS a necessary consequence, the appeal is allowed and it is directed that the Insurance Company would be liable to pay the amount of compensation awarded by the Tribunal, referred to above with no other modification in the award. Apeal allowed.