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Madhya Pradesh High Court · body

2000 DIGILAW 851 (MP)

New India Assurance Co. Ltd. v. Mallobai

2000-08-17

V.K.AGARWAL

body2000
Short Note This miscellaneous appeal under section 110-D of the Motor vehicles Act 1939 (hereinafter referred to as the 1939 Act) or in the alternative u/s. 173 of the Motor Vehicles Act. 1988 (hereinafter called the 1988 Act) has been preferred against the award dated 12.7.1990 in Claim Case No. 111/1989 by Ninth Addl. Motor Accidents Claim Tribunal. Jabalpur whereby a sum of Rs. 25.000/- was granted as interim award on the principle of no fault liability. The learned counsel for the appellant/insurer has stated that she is not in a position to say whether the original claim petition under section 110-A of 1939 Act is still pending or not. Un-disputably, deceased Narayan Prasad died in the motor accident on 7.6.1985. The accident was caused by vehicle No. MBJ : 5248, which was admittedly insured by the appellant. The learned counsel for the appellant only urges that the accident having taken place on 7.6.1985, the application for interim award should be treated as under section 92-A of the 1939 Act and. therefore, a sum of Rs. 15.000/- only was liable to be granted, as provided therein. It was further submitted that the amount of Rs. 25,000/- as provided under section 140 of the 1988 Act could not be awarded by the Tribunal as the said provision could not have retrospective effect. Hence, it is prayed that the amount granted by the impugned-award be reduced to Rs. 15.000/-. In view of decisions rendered in New India Assurance Co. Ltd. v. Nafis Begum and others ( 1991 ACJ 960 ) and Govind Das and another v. Yaqub Khan and others ( 1996 ACJ 414 ), it is clear that the operation of section 92-A of 1939 Act as well as section 140 of 1988 Act is not retrospective and the said provisions would be applicable from the date of enactment. Therefore, the accident admittedly having taken place on 7.6.1985, the grant of interim award would be clearly governed by section 92-A of 1939 Act, and not by section 140 of the 1988 Act. Accordingly, the appeal is partly allowed. The amount of Rs. 25,000/- granted by impugned interim award is reduced to Rs. 15,000/- (Rupees Fifteen Thousand Only).