Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interpretation of Statute Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act 1988, (New Act) s.147(2) Proviso-Motor Vehicles Act, 1939, (Old Act) s.95F(2)-Scope and import of phrase "with any limited liability and in force" occurring in proviso-Bus insured with appellant meeting with accident resulting in death of one passenger-Policy valid from October 28, 1988 to October 27, 1989-Policy continuing to be valid under proviso to s.147(2) of New Act coming into force on July 1, 1989-Tribunal allowing claim of legal heirs against owner and driver to the extent of Rs. 1,50,000 but limiting liability of appellant insurance company to Rs. 15,000 under Old Act-High Court allowing appeal by owner and driver and holding that liability of appellant was co-extensive with that of the owner and driver-Held, liability of the appellant was governed by s.147(2)(a) of the New Act, viz., the liability actually incurred, and not under s.95(2) of the Old Act; the proviso to s.147(2) of the New Act did not limit the liability of appellant to amount specified in policy issued under the Old Act. Interpretation of Statutes-Repeal-Effect of-Motor Vehicles Act 1988, (New Act) s.217(1) repealing Motor Vehicles Act 1939, (Old Act)-s.217(2)(c) of New Act providing that notwithstanding repeal, any document referring to the Old Act shall be construed as referring to the New Act-Held, proviso to s.147(2) could not be read as proviso to s.217(2)(c) so as to limit the liability of the insurance company to amount mentioned in s.95(2) of Old Act. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 2000 INSC 417 |
Petitioner | National Insurance Company Ltd. |
Respondent | Behari Lal And Ors. |
SCR | [2000] Supp. (2) S.C.R. 698 |
Judgement Date | 2000-08-28 |
Case Number | 4807 |
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