AYIPONNU DIED Vs. GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION KUMBAKONAM DIVISION KUMBAKONAM

JUDGEMENT

(1.) THE claimant in MACT OP No. 159 of 1987 on the file of Motor Accident Claims Tribunal, Pudukottai, has filed the present appeal aggrieved against the award dated 15/11/1988, THE 1st claimant died during the pendency of the appeal and, as such, claimants 2 and 3 were brought on record as the legal heirs.

(2.) THE case in brief is as follows: " THE deceased Lakshmanan aged about 22 was owning a mini van bearing No. TNP 5244 and earning a sum of Rs. 3,000/= per month as hire charges. He was a bachelor and the family depended on his income. On 04.06.1986 at about 4.45 p.m. he was driving the mini van in Thanjavur-Pudukottai Road and when nearing Perungalur Village, the 2nd respondent drove the bus belonging to the 1st respondent Corporation bus bearing No. TML 5069 attempted to overtake the said mini lorry and caused this accident and as a result of which, the mini lorry capsized and the said Lakshmanan sustained injuries. He was taken to the Government Hospital, Pudukottai, wherein he died at about 5.15 p.m. THE claimant claimed a sum of Rs. 2,00,000/= by way of compensation. THE respondents contended that the accident took place because of the negligence of deceased Lakshmanan. Further more, the deceased had no valid licence to drive the mini lorry. One Kamaraj was the real driver of the mini lorry. Hence, no compensation is payable to the claimant. THE tribunal on the basis of evidence of P.Ws.1 and 2, and R.W.1 and Exs.A-1 to A-10 dismissed the claim application on the ground that the accident took place due to the negligence of the deceased. However, the Tribunal also fixed the quantum of compensation at Rs. 63,000/=. THE 1st appellant being the legal heir of the deceased Lakshmanan has preferred the present appeal.

(3.) THE only question that has to be considered is whether the claimants are entitled to claim compensation under no fault liability. Admittedly, the occurrence took place on 04.06.1986 and, as such, section 92(A) of Motor Vehicles Act will have application. Perusal of the section indicates that under no fault class liability, the claimants would be entitled to a sum of Rs. 15,000/= only. But the learned counsel for the appellants relied upon the decisions reported in Fathima and others v. Sathish Kumar Jolly and others (1992 ACJ 144) and National Insuraqnce Co. Ltd v. Usha Debi (1992 ACJ 977) in support of his contention that the claimants would be entitled to get a sum of Rs. 50,000/= under no fault liability. It is seen from these decisions that although the occurrence took place prior to 1989, under section 140 of 1988 Act will have retrospective effect. In short, the claim petitions which are pending before the tribunals or the courts in appeal at the time of introduction of this provision for no fault liability require to be considered and disposed of keeping it in view. I am of the view that the principle in these decisions can be made applicable to the case on hand. By invoking section 140 of the Amended Act, there is no difficulty in coming to the conclusion that the claimants would be entitled to claim a sum of Rs. 50,000/= by way of compensation under no fault clause. It is unfortunate that the court below has dismissed the claim petition in entirety, without awarding compensation under no fault clause. If the tribunal has properly applied with section 92-A, then the claimant would have received only Rs. 15,000/=; but in view of the dismissal, the claimants have come forward with the appeal and now they have taken advantage of the amended Act and, as such, they are entitled to claim Rs. 50,000/= under no fault clause.