P NESTALAMMA K AKKULLAMMA Vs. S ADIBABU

JUDGEMENT

(1.) TWO questions arise for decision in these two appeals. The first question is whether the provision in section 92 A of the motor vehicles Act, 1939 (for short "the Act"), with regard to the liability on the principal of "no fault" brought in by Act 47 of 1982, is retrospective in nature. The second question is whether, on the facts of each of these two appeals, negligence on the part of the driver of the vehicle is made out.

(2.) C. M. A. No. 1006 of 1981 arises out of O. P. No. 54 of 1980, while C. M. A. No. 47 of 1982 arise out of O. P. No. 51 of 1980. These two original petitions and some other original petitions were disposed of by the Motor Accidents Claims Tribunal, East Godavari at Rajahmundry by a common judgment. The Tribunal came to the conclusion that the evidence adduced on behalf of the claimants did not establish negligence on the part of the driver of the vehicle at the time when the two persons in question died consequent to the accident that occurred on October 13, 1979. On the basis of the said finding, the Tribunal dismissed the original petitions. Against the said judgment in respect of the two original petitions, these two appeals are preferred in this court.

(3.) IN these appeals, it is contended by learned counsel for the appellants that, in any event, the claimants are entitled to a sum of Rs. 15,000 in each of these cases in view of the provision contained in section 92 A of the Act, introduced by the Amendment Act 47 of 1982, with effect from october 1, 1982. It is argued that said provision is retrospective in nature and applies even in respect of accidents which had taken place prior to October 1, 1982. Alternatively, it is argued that the evidence adduced on behalf of the claimants established negligence on the part of the drive of the vehicle and that, therefore, the Tribunal ought to have awarded reasonable damages in respect of the death of these two persons.