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1996 Supreme(Pat) 432

M.Y.EQBAL
New India Assurance Company Limited – Appellant
Versus
Yasoda Devi – Respondent


Judgment

M.Y.Eqbal, J.

1. The question involved in this appeal is whether Sec. 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act of 1988") shall have retrospective operation? In other words, whether the order of the Claim Tribunal awarding Rs. 25000.00 as interim compensation in purposed exercise of jurisdiction under Sec. 140 of the Act of 1988 in respect of a claim arising out of an accident occurred when the Motor Vehicles Act 1939 (hereinafter referred to as "the Act of 1939) was in force, is in accordance with law?

2. The fact of the case before me is very short. The claimant respondent No. 1 filed a Claim petition before the District Judge, Purnia, under Sec. 110-A of the Act of 1939 for grant of compensation alleging therein that, on 24.6.1989, his son Dilip Kumar Yadav aged about 23 years, while going to Purnia, on a bus bearing registration No. BHK 8919, fell down in a ditch near Roskagarh in village Baniapati, Purnia, as a result of which the said Dilip Kumar Yadav died. In the said claim case, which was registered as Compensation Case No. 49 of 1989, the claimant respondent No. 1, filed an application on 30.8.1990, claiming interim compensation of R






























































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