UNITED INDIA INSURANCE CO LTD Vs. YASHODARA DEVI

JUDGEMENT

(1.) THESE appeals involve common question of law and facts arising out of same accident and, therefore, for convenience, they are disposed of by a common judgment.

(2.) PULISE Mallah, Firoz Devan, Abdul Hakim, Yusuf and Barkat met with an accident on 10.5.1993 arising out of use of a motor vehicle Truck No. RJ -12 -G 152. These persons sustained injuries and ultimately succumbed to the injuries and as such death of aforesaid persons resulted due to motor vehicle accident arising out of use of motor vehicle. The legal representatives of the deceased persons filed separate claim petitions before Motor Accident Claims Tribunal, Bhilwara (hereinafter referred to as 'the Tribunal') claiming compensation under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') on the principle of 'no fault liability' as well as under Section 166 of the Act on the principle of 'fault liability'. By judgments and awards impugned dt. 13.11.2000, the Tribunal awarded a sum of Rs. 50,000/ - in each case interim compensation under Section 140 of the Act on the principle of 'no fault liability' and held the insurance company liable.

(3.) LEARNED Counsel for the appellant submits that the said accident occurred on 10.5.1993 and the compensation payable on the principle of 'no fault liability' in case of death as envisaged under Section 140 of the Act before its amendment, was Rs. 25,000/ - in each case. He further submits that the amount of Rs. 25,000/ - has been enhanced to Rs. 50,000/ - by Amendment Act No. 54 of 1994 which came into force from 14.11.1994. He further submits that Amendment Act No. 54 of 1994 is not retrospective in operation and, therefore, the accident which took place prior to coming into force of the Amendment Act, compensation payable on the principle of 'no fault liability' was Rs. 25,000/ - only. Undisputebly, the said accident occurred on 15.5.1993. By Sub -section (2) of Section 140 of the Act the amount of compensation of Rs. 25,000/ - was increased to Rs. 50,000/ - in case of death on the principle of 'no fault liability' w.e.f. 14.11.1994 and the operation of the said amendment was not given retrospective effect and as such, for the accident resulting in death prior to coming into force of the Amendment Act, Rs. 50,000/ - as compensation could not have been awarded. Thus, the contention of the learned Counsel for the appellant in this regard deserves to be accepted and the compensation of Rs. 50,000/ - awarded by the Tribunal is liable to be reduced to Rs. 25,000/ -. Compensation payable under Section 140 of the Act was Rs. 25,000/ - in each case.