NEW INDIA ASSURANCE CO LTD Vs. MALLOBAI

JUDGEMENT

(1.) THIS miscellaneous appeal under section 110 D of the Motor vehicles Act, 1939 (hereinafter referred to as the 1939 Act) or in the alternative u/s. 173 of the Motor Vehicles Act, 1988 (hereinafter called the 1988 Act) has been preferred against the award dated 12.7.1990 in Claim Case No. 111/1989 by Ninth Addl. Motor Accidents Claim Tribunal, Jabalpur whereby a sum of Rs. 25,000/ was granted as interim award on the principle of no fault liability.

(2.) THE learned counsel for the appellant/insurer has stated that she is not in a position to say whether the original claim petition under section 110 A of 1939 Act is still pending or not. Undisputably, deceased Narayan Prasad died in the motor accident on 7.6.1985. The accident was caused by vehicle No. MBJ : 5248, which was admittedly insured by the appellant.

(3.) IN view of decisions rendered in New India Assurance Co. Ltd. v. Nafis Begum and others (1991 ACJ 960) and Govind Das and another v. Yaqub Khan and others (1996 ACJ 414), it is clear that the operation of section 92 A of 1939 Act as well as section 140 of 1988 Act is not retrospective and the said provisions would be applicable from the date of enactment. Therefore, the accident admittedly having taken place on 7.6.1985, the grant of interim award would be clearly governed by section 92 A of 1939 Act, and not by section 140 of the 1988 Act.