JUDGEMENT
H.R. Panwar, J. -
(1.) THIS appeal is directed against the interim award passed by the Motor Accident Claims Tribunal, Sojat Under Section 140 of the M.V. Act on the principle of "no fault liability". The parties agree that on the date of accident intervening night of 29 -30th March, 1994, the compensation payable on the principle of "no fault liability" Under Section 140 of the M.V. Act, 1988 (for short 'the Act') before its amendment, was Rs. 25,000/ -. Tribunal has awarded Rs. 50,000/ -. Amendment came into force enhancing the amount to be paid on the principle of "no fault liability" from Rs. 25,000/ - to Rs. 50,000/ - w.e.f. 14.11.1994 and amendment is not restrospectively in operation.
(2.) THIS Court in National Insurance Company v. Hira, RLW 1999 (1) Raj. 368 has held that the amendment to Section 140(2) of the Act, which came into force w.e.f. 14.11.1994 cannot be given retrospective effect. The amendment to Section 140(2) of the Act is not procedural law but it is substantive law which affects right, obligations and liability already accrued to the owners of the vehicles qua the insurer on the date of accident. In this view of the matter, this appeal is allowed to the extent that the compensation awarded by the Tribunal is Under Section 140 of the Act is modified from Rs. 50,000/ - to Rs. 25,000/ -. Record of the Tribunal be returned forthwith. The Tribunal to expedite the trial of the main claim petition.;
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