BALIA, J. - (1.) The short question which is raised in this Special Appeal is that while fixing the quantum of compensation on 'no fault liability' principle by the Motor Accidents Claims Tribunal in a case of death or permanent disability in a motor accident, whether the provisions as they existed on the date of death or the law as is in force on the date when such quantum of compensation is determined, will be applicable.
(2.) Brief and undisputed facts which led to this Special Appeal are that one Kana Ram son of Shri Achala Ram resident of village Batadu died in a Bus accident near village Kawas District Barmer on 19/5/89. The accident took place with a bus of Rajashtan State Road Transport Corporation. Respondents Nos.1 to 5 who include widow, mother, father and minor brother of the deceased Kana Ram filed a claim for compensation before the Motor Accidents Claims Tribunal somewhere in July, 1989 after the Motor Vehicles Act, 1988, hereinafter referred to as 'the New Act' had come into force. The claimants had made a claim for immediate award of Rs. 25,000.00 as compensation on the ground of 'no fault liability' as fixed by Sec.140 of the New Act. This claim of the claimants was contested by the Corporation on the ground that since accident has taken place on 19/5/89 before the commencement of the New Act, the limit of 'no fault compensation' payable shall be only to the extent provided under Section 92-A of the Motor Vehicles Act, 1939, hereinafter referred to as 'the Old Act', which was in force on the date when accident took place. The amount of compensation on the ground of 'no fault liability', under the repealed provisions of the Old Act was Rs. 15,000.00 in the case of death.
(3.) The contention of the Corporation was rejected both by the Motor Accidents Claims Tribunal, Barmer vide its order dated 8th Dec. 89 and then by the learned single Judge of this Court vide order dated 19/04/1990 passed in the appeal filed against the order of Motor Accidents Claims Tribunal. The order passed by the learned single Judge has been challenged in this Special Appeal.;