NATIONAL INSURANCE CO Vs. ABEJAN NISSA

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company under Section 110D of the Motor Vehicles Act, 1939 (the Act for short) challenging the award.

(2.) Sultan Gani was travelling in a passenger vehicle, namely B.H.M. 1193. The vehicle met with an accident and he died. His legal representatives filed a claim, in which the Insurance Company, the owner and the driver were made parties. The Tribunal on the basis of the materials on record held that the claimants were entitled to compensation of Rs. 60,000 with interest at the rate of 12% per annum from 1.9.1983 on the ground of death of Gani. The Tribunal directed that whole amount would be payable by the Insurance Company.

(3.) The Insurance Company has confined this appeal to the question whether in view of the provisions of Section 95 of the Act as it stood on 30th May, 1983, the date of accident, it could have been held by the Tribunal that its liability was Rs. 60,000 when the section provides that the liability will be Rs. 15,000.