FA/726/1989 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 726 of 1989 Date of Decision: 28-9-2005 ============================================== UNITED INDIA INSURANCE CO.LTD. - Appellant(s) Versus MINABEN RAJENDRAKUMAR C. SHAH & 5 – Defendant (for full cause title, see next sheet) ============================================== Coram: The Hon'ble Mr.Justice Bhawani Singh, Chief Justice The Hon'ble Mr.Justice H.K.Rathod, Judge Whether approved for reporting? For the Appellant(s): Ms.Maya Desai for Shri K.F.Dalal,Adv. For the Respondent(s): Shri Subhash G. Barot for, Adv. for Claimants Shri B.P.Tanna, Sr.Advocate, for No.5 & 6 ============================================== PER: BHAWANI SINGH, CHIEF JUSTICE (ORAL):- 1. This Appeal arises out of the Judgment by Motor Accident Claims Tribunal-III, Ahmedabad, MACP No.55 of 1985 dated 6.1.1989. FA/726/1989 2/3 JUDGMENT 2. Short question involved in this case and advanced for consideration by learned counsel for the parties is confined to the extent of liability of appellant. Claims Tribunal holds that Insurance Company is liable for Rs.75,000/-. Grievance of the appellant is that its liability is limited to Rs.50,000/- under Section 95(2)(b)(iii), Motor Vehicles Act, 1939. From 2.3.1970, limit of liability for passenger vehicle registered to carry more than 30 but not more than 60 passengers was Rs.75,000/-. However, this provision was substituted by Act No.47 of 1982 reducing the liability to Rs.15,000/- for each individual passenger. In this case, accident occurred on 10.12.1984, therefore, amendment limiting the liability to Rs.15,000/-, each passenger, is applicable. FA/726/1989 3/3 JUDGMENT 3. No other point is advanced for consideration. Consequently, Appeal is allowed, Judgment is modified. Liability of appellant is confined to Rs.15,000/-. Rest of the compensation shall be paid by opponents-1 & 2 (Ahmedabad Municipal Corporation and Ahmedabad Municipal Transport Service). Compensation be paid within two months. Cost of this Appeal shall be borne by the parties. (Bhawani Singh) Chief Justice (H.K.Rathod) Judge (sunil)