Seth, J. - (1.) In this appeal the award dated 20th December, 1999, passed by the learned Judge, Motor Accident Claims Tribunal, 4th Court, Burdwan, in M.A.C. Case No. 47/271 of 1990, has since been challenged by the Insurance Company. The first ground of challenge is that the limit of liability of the Insurer is Rs. 15,000/- in terms of Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939. It is pointed out that the accident had occurred on 7th March, 1989. At the point of time, the Motor Vehicles Act, 1939 was operative. The Motor Vehicles Act, 1988 came into operation with effect from 1st July, 1989. The amendments were not given retrospective effect. It is the date of the accident, which will determine the applicability of the relevant provision of the Act, which will govern the respective cases. The accident having occurred prior to the coming into effect of 1988 Act, this question is to be governed under the 1939 Act. Section 95 sub-section (2) of the 1939 Act provides the extent of liability of the insurer in respect of different kinds of vehicle. A passenger vehicle is covered under clause (b) of sub-section (2) of Section 95 and the limit in respect of individual passenger was specified at Rs. 15,000/- each. In this case, there was one accident in respect of one passenger. Therefore, under the 1939 Act, the limit of the liability of the insurer is fixed at Rs. 15,000/- and it cannot exceed the same.
(2.) The learned Counsel for the respondent-claimant had been appearing in this matter for quite sometime and had also filed Affidavit-in-Opposition to the application under Section 5 of the Limitation Act and had contested the application for stay. It is at the instance of the learned Counsel for the respondents the matter was treated ready as regards service and direction for preparation of Paper Book and listing was given by this Court. The matter had been appearing on several occasions. The learned Counsel for the appellant was requested to serve on the Counsel for the respondents. It appears that a notice was served upon the learned Counsel for the respondents. He received the same on 28th March, 2003. Though this matter is appearing successively in the list, but the learned Counsel for the respondents is not available. The receipted copy of the notice served upon the learned Counsel for the respondents be kept with the record.
(3.) Having regard to the situation in law, it appears that the provisions of Section 95 sub-section (2) of the 1939 Act had undergone a drastic change whereby sub-section (4) was omitted altogether and the entire sub-section (2) was substituted with a different complexion. Therefore, the decision in the case of Shivahari Rama Tilogi & Anr v. Kashi Vishnu Agarwadekar & Ors., 1985 ACJ 494 has no manner of application after such change in the Statute. In the absence of sub-section (4), there cannot be any question of ambiguity in the language. On the other hand, sub-section (2) of 'Section 95 of the 1939 Act, as it stood after the amendment, specifically laid down the limit of liability of the insurer where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment. It limits the liability in respect of passengers at Rs. 15,000/- for each individual passenger for one accident. From the construction of the whole Statute in relation to the limit of liability of the insurer as provided in sub-section (2) of Section 95 of the 1939 Act, it does not appear that there is any ambiguity. The limit provided in sub-clause (ii) of clause (b) of Section 95 M.V. Act, 1939 is the highest limit not the minimum limit. It limits the liability to Rs. 15,000/- at the maximum for individual passenger out of one accident. It is pointed out from the Insurance premium receipt, which is Ext. A at page 73 of the Paper Book that the insured has paid premium of Rs. 576/- for 48 passengers which is a multiple of Rs. 12/-. From tariff table at page 77 of the Paper Book, it appears that Rs. 12/- for each passenger limits the liability to Rs. 15,000/-.;