RAMWATI Vs. YAMIN

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act, for short) has been filed by Mrs. Ramwati- claimant for enhancement of compensation. As per the findings of the learned Tribunal, the appellant Mrs. Ramwati lost her husband aged 72 years in a motor accident on being hit by a truck bearing No. UP 15-2015 on 26th November, 1990. At that time the appellant's husband, Mr. Ranbir Singh was going on foot to get milk for the family.

(2.) As the age of the deceased was 72 years at the time of his death, learned Tribunal has awarded compensation of Rs.31,680/- towards loss of dependency. In addition, learned Tribunal has awarded Rs.2000/- towards loss of consortium and Rs.1000/- towards funeral charges. The total compensation was rounded to Rs.35,000/-.

(3.) Learned counsel for the appellant relied upon Section 140 of the Act and submitted that minimum compensation in case of no fault liability was enhanced from Rs.25,000/- to Rs.50,000/- with effect from 14th November, 1994. It was submitted that the appellant was entitled to benefit of this amendment. It was also submitted that the amendment was retrospective and applied to all pending proceedings regardless of the date of death or the date of the accident. In this regard he relied upon Khatoonbi and Ors. V/s Privipalsingh and Anr. (1999) 2 ACC 202. Learned counsel appearing for the insurance company, on the other hand, argued to the contrary and relied upon two judgments of the Supreme Court in the case of Padma Srinivasan versus Premier Insurance Company Limited, (1982) 1 SCC 613 and Kerala State Electricity Board and Another versus Valsala K. and Another (1999) 8 SCC 254.