( 1 ) THESE two appeals give rise common questions of facts and law and therefore, they are disposed of by this common judgment.

( 2 ) RESPONDENTS Nos. 1 and 2 in C. M. A. No. 315 of 1993 filed a Claim Petition ie. , o. P. No. 1 1,4/1988 before the Motor Accidents claims Tribunal, (Addl. District Judge) Nalgonda, claiming certain compensation from the present appellant and respondents 3 and 4, who are the Insurance Company, owner and driver of the lorry bearing No. ATT 6867. They claimed to be the parents of the deceased jaddu kiran Reddy, who died in the Motor accident that occurred on 2. 3. 1988. Likewise, respondents Nos. 1 to 6 in C. M. A. No. 354 of 1993, who are the legal representatives of the deceased Mudiga lddamm a, filed a claim petition i. e. , O. P. No. 115/88 before the same Motor Vehicles Accidents claims Tribunal, nalgonda, claiming certain amount of compensation against the present appellant, Respondents Nos. 7 and 8, who are the Insurance company, owner and driver of the lorry bearing No. ATT 6867, respectively, for the death of the deceased Iddamm a in the same accident. The Motor Accidents Claims Tribunal has awarded Rs. 25,000/- in each claim petition, towards compensation on the basis of no fault liability under Sec. 140 of the Motor Vehicles act, 1988, hereinafter referred to as the "new act".

( 3 ) AGGRIEVED by the same, the New India assurance Company Limited, has preferred these appeals contending that the Claims Tribunal ought not to have awarded the compensation at Rs. 25,000/- in each claim petition under no fault liability , but it should have restricted the same to Rs. 15,000/- in each claim petition under the Motor Vehicles Act, 1938, hereinafter referred to as the old Act on the basis of the allegation that the accident has occurred on 2. 3. 1988 prior to the Motor Vehicles amendment Act, 1988 (new Act ). It is contended that on the date when the accident occurred, it was the old Act that applied to the facts of the case and under Section 92-A of the old Act, the Tribunal ought not to have fixed the compensation under no fault liability at rs. 15,000/-

( 4 ) I have heard the learned counsel for the appellant as well as the respondents.

( 5 ) TO appreciate the contentions of both sides, it is necessary to narrate a few facts here under:

( 6 ) LTIS alleged by the claimants in both the appeals that on 2. 3. 1988, Jaddu Kiran Reddy and Mudiga Iddamm a and others were travelling in the lorry bearing No. ATT 6867 with their baggage and all other cooking utensils and that they had paid the fare to the driver of the lorry. It is contended that the deceased were sitting in the cabin when the lorry was being driven by the driver Hussam Bin Ali and the lorry belonged to M/s Economic Road Ways corporation, Hyderabad. It is alleged that when the lorry was getting down a slope of the ghat near bandal quarry on Nagarjunasagar hyderabad road, the driver of the lorry drove it in a rash and negligent manner at a high speed and when he applied sudden brakes, the iron boulders slipped ahead and both the deceased were crushed to death in between the iron boulders and the cabin and on that basis, the respective petitioners in their different O. Ps. claimed Rs. 50,000/- towards compensation.

( 7 ) AS stated above, the Claims Tribunal by the impugned award has awarded rs. 25,000/- in each petition towards compensation under no fault liability with certain costs Being aggrieved by the said judgment and award, it is the Insurance Company which has preferred these appeals contending that the compensation shall be fixed at Rs 15,000/- under no fault liability under the old Act and therefore, the claims tribunal is in error in awarding Rs. 25,000/- towards compensation under the old Act

( 8 ) IT is not in dispute that the accident had occurred on 2. 3. 1 988 and on the date of the accident, it was the M. V. Act, 1939 which was in force. The M. V. Act, 1988 (new Act)which repealed the old act, has been