PRAHLAD VERMA Vs. JAHID HUSSAIN

JUDGEMENT

(1.) HOWEVER , it could not be proved that the truck driver had been either negligent or rash and thus, awarded Rs. 25,000/- with 12% per annum interest since date of claim as compensation on the basis of no fault liability. Under section 140 of the Motor Vehicle Act, 1988 as amended by Act 54 of 1994 the amount of Rs. 25,000/- had been amended to Rs. 50,000/- w.e.f. 14.11.1994. This accident had happened on 20.11.1994, thus, the amended provisions did apply to the present case. Amount of compensation has to be enhanced to Rs. 25,000/- awarded by the Tribunal below. The learned Advocate for appellant has relied upon M.A. No. 1324/2000 Dr. Pramod Sharma v. Gurupreet Singh decided by Division Bench of Indore Bench on 9.10.2003 wherein amounts of Rs. 2.50 lac was awarded for deaths of unmarried girls aged 18 and 17 who were going to School on their Kinetic Honda Scooter. It is note worthy that both the girls were meritorous students hailing from good family background. In that case negligence of the driver had also been proved and the case was not decided on the basis of no fault liability under section 140 of the Motor Vehicle Act, 1988. Thus, I am of the opinion, that the ratio of that decision may not be utilised by the Advocate for the appellant. Even then appeal is allowed partly and enhancement of Rs. 25,000/- with interest @ 9% per annum since the date of claim to the date of payment besides the amount already awarded by the Tribunal below is allowed in favour of the appellant. Appeal allowed partly to that extent.