NATIONAL INSURANCE CO. LTD Vs. USHA DEBI

JUDGEMENT

(1.) IN both the appeals, the orders of the learned Motor Accidents Claims Tribunal for payment of interim compensation under Section 140 of the Motor Vehicles Act, 1988 (hereinafter mentioned as 'the Act of 1988') have been impugned. According to the appellants, accident in both the cases having taken place for to coming into force of the Act of 1988, appellants' liability to pay compensation, any, is governed by the provisions of law in force on the date of accident, i.e.,by dovisions of Motor Vehicles Act of 1939 and the fixed amount on compensation on the principle of no fault liability should have been Rs. 15,000/- in each as provided under Section 92--A of the Motor Vehicles Act of 1939 and not Rs. 25,000/- as provided under Section 140 of Act of 1988. Reliance has been placed in the decision of a Single Bench of this Court in M.A. (F) No. 2 of 1990 and M.A. (F) No. 4 of 1990.

(2.) ON the question as the whether the provision of Section 140 of Act of 1988 shall have retrospective operation in respect of pending claims or not, a single Bench of this court presided by Hon'ble Sangma, J. by the judgment passed in M.A. (F) No. 2 (SH) of 1990 and M.A. (F) No. 4(SH)of 1990, has held that the provisions of Section 140 Act of 1988 do not apply retrospectively in respect of pending claims arising out an accident taking place prior to the date of coming into operation of Act of 1988 (i.e., 29.7.1989). However, another Single Bench of this Court presided by Hon'ble Srivastava, by the judgment passed in M.A. (F) No. 133 of 1987 reported in (1988) (I) GLR NOC , held that identical provision under Section 92-A of the Motor Vehicles Act, 1939 which came into force on and from 1.10.1982 would apply retrospectively in respect pending claims. In view of the difference of opinion the question has been referred the Division Bench.

(3.) BY Act 47 of 1982, Motor Vehicles Act, 1939 (hereinafter mentioned as'the Act 1939') was amended and Section 92A of the Motor Vehicles Act was inserted which provides as follows: