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Head Note

Motor Vehicles Act,1988  - Section 149

Limited liability of insurance company - The provisions of the Act which were enforced at the time of accident will apply to the claims arising out therefrom - In 1982 Section 55(2) stood amended to increase the liability of the insurance company from Rs. 50,000/- to Rs. 1,50,000/- In a claim arising out of accident relating to the period subsequent to 1982, the insurance company cannot claim its liability to be limited to Rs. 50,000/- only.

Motor Vehicles Act,1988  - Section 166 , Section 163-A

Motor Vehicles Act, 1939 - Section 110(a) - Multiplier - The Schedule to the Act was first time added to the 1988 Act and was not available in the 1939 Act - The claimant cannot question the multiplier applied on the basis of earlier Supreme Court judgments in the cases arising out of accident which took place prior to 1988 and claim a multiplier as per schedule to the new Act - The provisions of the existing Act on the date of the accident will apply.

Topic(s)-Limited liability of insurance company