RAJENDRA NATH SINHA, J.

( 1 ) THIS appeal has been preferred challenging the award dated 12. 11. 1991 passed by the learned Additional District Judge, 1st Court, Midnapore in M. A. C. Case No. 334 of 1989.

( 2 ) IN short the background may be stated that one Narayan Chandra Roy died out of an accident near Madpur Ghat on Bombay National Highway at about 9. 55 a. m. in the district of Midnapore because of the offending vehicle (bus) WGB 3952 which was proceeding towards Kharagpur from Debra and the same was being driven very rashly and negligently and its front wheel burst out with terrific sound and capsized resulting in the death of the deceased victim on the spot. Amount of compensation was claimed as per the memorandum/petition to the extent of Rs. 3,50,000. Learned Tribunal assessed the same to the extent of Rs. 1,36,000 less paid Rs. 15,000 awarded to the petitioners under Section 92-A of the Motor Vehicles Act (the prior Act ).

( 3 ) ADMITTEDLY, the new Act came into force on 1. 7. 1989. The appellant has challenged the quantum awarded by the Tribunal on the ground that as per the insurance agreement their liability was limited to the extent of Rs. 15,000 in case of a pass

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