KANHAIYA LAL Vs. KAILASHI DEVI

JUDGEMENT

(1.) THIS is an appeal filed under Section 110-D of the Motor Vehicles Act, 1939, read with Section 173 of the Motor Vehicles Act, 1988, against the order dated August 18,1990 passed by the Motor Accidents Claims Tribunal, Karoli, District Sawai Madhopur, in MAC.T. Case No. 53 of 1988 (Kailashi Devi v. Kanhaiya Lal).

(2.) THE claim petition was filed by the respondents on May 31,1988. The respondents thereafter moved an application under Section 92-A of the 1939 Act for payment of 'no fault compensation' in respect of the death of Parma.

(3.) SECTION 140 provides for payment of Rs. 25,000/- as no fault compensation. This has raised the amount from Rs. 15,000/-provided for by Section 92-A of the 1939 Act to Rs. 25,000/-. The argument of the learned counsel for the appellants was that as the appellants had acquired a vested right of paying no fault compensation to the dependants of the deceased to the extent of only Rs. 15,000/-, the Tribunal had no power to apply Section 140 of the 1988 Act and to direct them to pay Rs. 25,000/-.