Guwahati Court November 1987 Judgments

The New India Assurance Company Ltd. Vs. Member, Motor Accident Claim ...

Court: Guwahati

B.L. Hansaria, J.1. Section 92-A along with other fascicle of sections found place in Chapter VII-A of the Motor Vehicles Act, 1939, for short the Act, by virtue of the amending Act 47 of 1982. A reference to the Statement of Objects and Reasons of this amending Act shows that the amendment was regarded, inter alia, as a measure of social justice, in view of the fact that road accidents of motor vehicles had reached serious proportions and it was found that the victims of these accidents were generally pedestrians belonging to the less affluent sections of the society. The liability Under Section 92-A of the Act has been made indefeasible, peremptory and total. The amount mentioned by this section has to be paid without much ado as it is a piece of beneficial and ameliorative legislation providing for immediate aid to the hopeless and helpless victims of accidents. The right to claim compensation Under Section 92-A is without prejudice to the right to claim higher compensation on the ...