NATIONAL INSURANCE CO LTD Vs. HARI NARAYAN OJHA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17.8.1996 passed under Section 140 of the Motor Vehicles Act, 1988 (in short 'the M.V. Act') awarding a sum of Rs. 25,000 to the claimant/respondent No. 1 by way of interim compensation.

(2.) It is not in dispute that the impugned order was passed on 17.8.1996 and this appeal was filed on 20.12.1996 specifically mentioning that award has not yet been prepared. The Stamp Reporter by his stamp report dated 14.2.1997 gave a report that defects, limitation and stamp report will be made on depositing the amount required under proviso to Sub-section (1) of Section 173 of the M.V. Act, 1988 by the appellant. The said amount having been deposited, fresh stamp report was made on 17.2.1997 pointing out that the appeal was filed in time.

(3.) Mr. Roy appearing for the appellant submits that the order of the learned Tribunal is vitiated in law inasmuch as it has failed to notice that on 15.7.1994 the accident took place and on 14.11.1994 the amendment was made by the legislature in Section 140 of the M.V. Act enhancing the amount of compensation in respect of permanent disablement of any person from Rs. 12,000 to Rs. 25,000. He submits that when the accident occurred, the amendment provision was not there and under the unamended provision the amount of compensation payable under Sub-section (2) of Section 140 of the Act in respect of death of any person was Rs. 25,000 and the amount of compensation payable under the said Sub-section in respect of permanent disablement was Rs. 12,000. In support of his contention Mr. Roy has relied on a decision rendered by the Full Bench of the Kerala High Court in the case of Oriental Insurance Co. Ltd. v. Sheela Ratnan 1996 ACJ 1298 (Kerala), which has relied on the decision of the Apex Court in Padtna Srinivasan v. Premier Insurance Co. Ltd. 1982 ACJ 191 (SC).