Kanhaiya Lal v. Daya Ram & Ors.(18)

S.N Bhargava, J.:— This is an appeal u/s 100-D of the Motor Vehicles Act against the order of the Motor Accidents Claims Tribunal, Alwar, dated 27.10.84 in Civil Misc. Application No. 131/1983.

2. An accident took place on 16.6.83 by Bus No. RSA 3637 and Netram died and the claimants filed the claim in the Tribunal and also moved an application u/s 92-A of the Motor Venicles Act for payment of Rs. 15,000/- as no fault liabilty.

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 & 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/- u/s 92-A of the Act.

5. 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.

6. I am in agreement with the view taken by the Punjab High Court and therefore, this appeal is allowed, the order of the Tribunal dated 27.10.84 is modified and the amount of Rs. 15,000/- u/s 92-A of the Act should be paid by the Insurance Company to the claimants within one month from today.