Rajasthan High Court - Jaipur
Kanhaiya Lal vs Daya Ram And Ors. on 28 November, 1985
Equivalent citations: 1986WLN(UC)109
JUDGMENT Surendra Nath Bhargava, J.
1. This is an appeal Under Section 100-D of the Motor Vehicles Act against the order of the Motor Accident Claims Tribunal, Alwar, dated 27-10-1984 in Civil Misc. Application No. 131/1983.
2. An accident took place on 16-6-1983 by Bus No. RSA 3637 and Netram died and the claimants filed the claim in the Tribunal and also moved an application Under Section 92A of the Motor Vehicles Act for payment of Rs. 15,000/- as no fault liability.
3. Learned Tribunal by the impugned order allowed the application but directed the owner of the Bus to pay sum of Rs. 15,000/- to the claimants and it is against this order that the present appeal has been filed.
4. Learned Counsel for the appellant has placed reliance on 1985 P and H 96 in which it has been held that the Tribunal is perfectly justified in asking the Insurance Company to make the payment of Award of Rs. 15000/-Under Section 92-A of the Act. The provisions of Section 92-A of the Act is a piece of beneficial legislation, providing for an immediate aid to claimants on account of death in an accident.
5. I am in agreement with the view taken by the Punjab High Court in Orient Fires and General Insurance Co. Ltd. v. Smt. Beasa Devi and Ors. and therefore, this appeal is allowed, the order of the Tribunal dated 27-10-1984 is modified and the amount of Rs. 15000/- Under Section 92-A of the Act should be paid by the Insurance Company to the claimants within one month from today.