NATIONAL INSURANCE COMPANY LIMITED Vs. MOST.MALBHOGI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the claimant - respondent no. 1.

(2.) THIS miscellaneous appeal has been filed on behalf of the appellant -National Insurance Company Ltd. against order dated 21.8.2004 passed in Claim Case No. 35 of 1994, by which the learned 1st Additional District Judge, Darbhanga, directed the Company (appellant) to pay Rs. 50,000/ - as interim compensation to the claimant (respondent no. 1) within thirty days from the date of the said order. Learned counsel for the appellant submits that although the Insurance Policy was in force from 20.1.1994 to 28.1.1995 and the accident took place on 28.6.1994 and the claim case was filed immediately thereafter, but at that time the liability of the Company for interim compensation under the provision of Sec. 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act ' for the sake of brevity) was fixed only up to Rs. 25,000/ - and hence the order of the learned court below fixing the interim compensation as Rs. 50,000/ - was against the specific provisions of the Act. In that regard, he also relies upon a decision of this Court in case of the New India Assurance Co. Ltd. vs. Yasoda Devi and Ors., reported in 1996(2) P.L.J.R. 329 (paragraph 25).

(3.) ON the other hand, learned counsel for the claimant -respondent no. 1 opposes the contention of the learned counsel for the appellant and submits that the claim case continued from 1994 till date and about thirteen years have lapsed and the petition for interim compensation was filed on 20.3.2004, whereas, the amendment of Sec. 140 of the Act came into force on 10.9.1994. She also relies upon a decision of this Court in the case of National Insurance Co. Ltd. vs. Kurshida Begum, reported in 2002(2) PLJR 10 (paragraph 4), in which it has been held that so far the principles governing compensation amount are concerned, the Tribunal was free to adopt the principles as laid down under the amended Act, 1994 as the decision was made after coming into force of the amending Act. However, the said order of this Court is with respect to interim compensation.