- (1.) These ten appeals are directed against Orders Dated 30.04.1996 passed in Misc. Case Nos. 47/88 (C) 94/92, 37/86(C) 94/92, 35/85(C) 94/92, 62/84(0)94/92 & 38/87(C) 94/92 by the 3rd MACT-cum-Additional District Judge, Balasore (for short "the Tribunal").
(2.) Since all these appeals involve common question of law, with consent of the Learned Counsel for the parties, they were heard analogously & are disposed of by this common Judgment.
(3.) The facts & circumstances giving rise to these appeals are that in the above five misc. cases the legal heirs of the deceased persons, who died in a vehicular accident on 14.06.1992 because of head on collision between a trekker & a truck, filed claim petitions before the Tribunal for compensation under the Motor Vehicle Act, 1988 (for short "the Act 1988"). Thereafter, the legal heirs of the deceased filed applications Under Section 140 of the Act 1988 for interim relief of Rs. 50,000 (rupees fifty thousand) under "no fault liability". The Tribunal in each of these five misc. cases awarded a sum of Rs. 50,000 (rupees fifty thousand) to the legal heirs of the deceased persons Under Section 140 of the Act 1988 & directed the insurers of both the vehicles to pay the said compensation amount of Rs. 50,000 to the claimants proportionately within one month from the date of the interim award with a condition that in the event of failure to pay the award amount within the stipulated time of one month, the award amount would carry interest @ 12% per annum from the date of filing of the petitions Under Section 140 of the Act 1988 till realization. Learned Tribunal relying on a decision of the Madhya Pradesh High Court in the case of National Insurance Co. Ltd. v. Ram Kishore Sani and Ors., 1991 ACJ 878, held that the complainants Petitioners are entitled to get Rs. 50,000 instead of Rs. 25,000 as the Amendment Act 54 of 1994 has retrospective application. Hence, the present appeals.;