DEVENDRA KUMAR Vs. NEW INDIA INSURANCE COMPANY

JUDGEMENT

(1.) This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988, against the interim order dated 6th July, 1991, passed by the Motor Accident Claims Tribunal, Karauli, District Sawai Madhopur in MAC No. 39/88, whereby the learned Tribunal had awarded Rs. 15,000/-, on the principle of 'No Fault Liability under Section 140 of the Act, to the appellant, who is the sole legal heir of the deceased, instead of awarding Rs. 25,000/- as stipulated under the Act.

(2.) In this case, there is no dispute regarding the incident which took place on 27th December, 1987 resulting in death of the father of the appellant (deceased) who was travelling as a passenger in Bus No. RRL-2747, being driven by respondent No. 4, rashly and negligently. The contention of the learned counsel for the appellant is that the father of the deceased-appellant, who was travelling in the said bus had sustained serious injuries as a consequence of which he died while travelling in the bus.

(3.) The provisions of Section 140 of the Act, which was brought on the statute book after due amendment with effect from 1st of July, 1989 provides as under :-