GSRTC Vs. JASHODABEN SHANABHAI PARMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 25.09.1995 passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad in Motor Accident Claim Petition No. 308 of 1995 whereby the claim petition preferred by the claimants under the provisions of Section 140 of the Motor Vehicle Act, 1988 came to be allowed by directing the appellant to pay Rs. 50,000/- as interim compensation as per the new Act with 12% interest from the date of the application.

(2.) HEARD learned Advocate for the respective parties. The accident occurred on 08.11.1994 and the amended new Act came in to force on 14.11.1994. Thus, since the accident occurred prior to the date of the amended Act, the Tribunal ought to awarded the interim compensation of only Rs. 25000/- . The claimants are therefore entitled to Rs. 25, 000/- as interim compensation. The award of the Tribunal is modified to the aforesaid extent. The excess amount, if any, shall be refunded to the appellant. Appeal is allowed accordingly.