PHOOLMATI BAI Vs. MOHD AZAD

JUDGEMENT

(1.) This appeal, by the claimants, is directed against the interim award dated 2.12.2002 passed in Claim Case No. 63 of 2002 by the Motor Accidents Claims Tribunal, Katni, whereby only a sum of Rs. 25,000 has been awarded on the ground that by Repealing and Amending Act, 2001, the Motor Vehicles (Amendment) Act, 1994 has been repealed and, therefore, the provisions of Motor Vehicles Act, 1988 prior to amendment of 1994 are applicable.

(2.) The claimants are wife and parents of the deceased Dayaram. On the intervening night of 4/5.5.2002 Dayaram was run over by a truck while he was sleeping by the side of road. He died on the spot. The said truck was being driven by the driver respondent No. 1. The truck is owned by the respondent No. 2 and insured with the respondent No. 3.

(3.) The appellants filed a claim petition for compensation along with an application under section 140 of Motor Vehicles Act, 1988 for grant of compensation of Rs. 50,000 against the respondents on the principle of 'no fault liability'.