MUKTA BAI Vs. SATYANARAYAN GUPTA

JUDGEMENT

(1.) THIS appeal is against the award dated 5-7-2000 passed in Claim Case No. 14/2000 whereby the Claims Tribunal though finding the legal heirs of the deceased entitled to get award of 'no fault liability' awarded only Rs. 25,000.00 and the owner and insurance company were directed to pay jointly and severally only Rs. 25,000.00.

(2.) LEARNED Counsel for the appellants submits that the Motor Vehicles Act, 1988 has been amended by Act No. 54 and under the provisions of Section 140 of the Motor Vehicles (Amendment) Act, 1994 the amount of no fault liability in the death cases by the use of motor vehicle has been enhanced from Rs. 25,000.00 to Rs. 50,000.00 and therefore the Claims Tribunal has erred in law in awarding Rs. 25,000.00 to the appellants. It is stated that after coming into force of the Repealing and Amending Act, 2001 (Act No. 30 of 2001) some of the Claims Tribunal have started awarding Rs. 25,000.00 towards award of no fault liability in the death cases by the use of motor vehicle. As per the Act, 2001 the Amendment Act, 1994 has been repealed as a whole but Section 4 of the Act, 2001 is saving clause, which is quoted below:--

(3.) HE Submits that the amendments made in the Motor Vehicles Act, 1988 by the Act No. 54 of 1994 have been saved by the saving Section 4 of the Act, 2001 and as such they are still operative and are in force.