ORIENTAL INSURANCE CO LTD Vs. RAMOTAR PRASAD YADAV

JUDGEMENT

(1.) THIS appeal is directed against the order passed by 1st Additional District Judge -cum -Claims Tribunal in M.V. Claim Case No. 10 of 1982. The aforesad claim case was filed by Ramotar Prasad Yadav and his wife Urmila Devi against Santosh Kumar Agrawal and the Oriental Insurance Company, Saharsa Branch, for the death of their son Pawan Kumar.

(2.) IT was alleged that Pawan Kumar was travelling in Bus bearing Regd. No. 1 BRU -8585 and the bus met with an accident on the way. On evidence adduced by both the parties, the Tribunal awarded an amount of Rs. 1,92,000/ - with interest @ 6 per cent per annum from the date of death. The appellant before this Court is the Oriental Insurance Company which was directed to pay the entire amount.

(3.) THE respondents '; lawyer (claimants '; lawyer) submitted before me that the Schedule of the M.V. Act 1994 mentioned that in case of non -earning member of the family, a lump sum of Rs. 15,000/ - per annum should be the amount of income. But it is evident that M.V. Act 1994 has not been made retrospective in its operation. So all the liabilities of the owner of the bus or the