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1991 Supreme(Kar) 181

M.RAMA JOIS, K.J.SHETTY
NEW INDIA ASSURANCE COMPANY LTD. – Appellant
Versus
HANUMAKKA – Respondent


Advocates:
K.SURYANARAYANA MURTHY

RAMA JOIS, J.

( 1 ) THE Motor Vehicles Act, 1988 ('the Act' for short) by the New India Assurance Company limited, the following question of law arises for consideration. Whether Section 147 (2) of the Act which provides for continuance of the liability of an insurance company as it existed prior to the coming into force of the Act for tour months does not apply to the liability of the Insurance company to answer the No Fault Liability of the owner of the vehicle under Section 140 of the Act and therefore the no fault liability of the insurance company on and after 1-7-1989 in case of death is Rs. 25,000/- ?

( 2 ) BRIEF facts of the case are these:- A claimpetition under Section 166 of the Act was presented before the Motor Accidents Claims tribunal, Tumkur, claiming compensation for the death of Ramaiah, husband of the 1st respondent in a motor accident which occurred on 17-7-1987. In the claim petition, a compensation of Rs. 25,000/- was also claimed under Section 140 of the Act. The Tribunal having found that the vehicle in question was involved in the accident, proceeded to award compensation on the ground of no fault at Rs. 25,000/- as fixed under section 140 of the Act and fix












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