UNITED INDIA INSURANCE CO LTD Vs. MST HEERABAI

JUDGEMENT

(1.) THIS appeal is directed against the interim award dated 2.7.90, on an application under section 140 of the Motor Vehicles Act, 1988, (hereinafter referred to as 'Act of 4988' for short), by the claimant respondent No. 1 Mst. Heerabai, on account of death of her son, in Claim Case No. 27/89, by Additional Motor Accidents Claims Tribunal, Durg.

(2.) LEARNED counsel for the appellant submits that the accident occurred on 22.6.1988, i.e. prior to coming into force of new Act of 1988. Hence, the application for grant of award would be governed by section 92A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'Act of 1939' for short), and not under section 140 of the Act of 1988. It has, therefore, been submitted that compensation of Rs. 15,000/ only should have been awarded as per the provisions of section 92A of the Act of 1939 instead of Rs. 25,000/ as awarded by the learned Tribunal under section 140 of the Act of 1988. Learned counsel for the appellant placed reliance on Govind Das and another v. Yaqub Khan and others (1996 ACJ 414) and New India Assurance Company Ltd. v. Nafis Begum (1991 ACJ 960), to support her contention as above that the provisions of section 140 of the new Act of 1988 or section 92A of the Act of 1939, will not have retrospective effect.