NEW INDIA ASSURANCE CO LTD Vs. IND KAUR

JUDGEMENT

(1.) A claim petition was filed on behalf of the legal representatives of Sohan Singh deceased who died in the accident, which had taken place on 10-6-1982. During the pendency of this petition, the Motor Vehicles Act, 1939 was amended and S.92A was added which came into force from 1-10-1982. In view of the said provision, the learned Claims Tribunal allowed a sum of Rs.7,500/- by way of compensation on the principle of 'no fault' vide order dt.3-2-1984. This amount was duly deposited by the petitioner-company i.e. New India Assurance Company. Ultimately, the claim petition was decided on 1-6-1984 and a sum of Rs.48,000/- was awarded by way of compensation. In execution proceedings, New India Assurance Company made an application for adjustment of Rs.7500/- from the total award made for Rs. 48,000/-. This application filed on behalf the New India Assurance Company was declined. Dissatisfied with the same, the Company has filed this petition in this Court.

(2.) Learned counsel for the petitioner contended that on reading S.92A and the perusal of S.92B together, it is evident that the amount paid earlier on the principle of "no fault" under S. 92A is to be adjusted against the claim which is ultimately allowed by the Tribunal unless it is otherwise directed.

(3.) After hearing the learned counsel for the parties, I find force in this contention raised on behalf of the petitioner. S. 92B reads as under :-