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1990 Supreme(Ker) 131

THOMAS, MANOHARAN
United India Insurance Co. Ltd. – Appellant
Versus
Padmavathy – Respondent


Judgment :-

Thomas, J.

1. The question raised in this appeal has some moment for victims in motor accidents. The Motor Vehicles Act, 1988 (for short "the New Act") came into force on 1-7-1989 containing S.140 in which the amount of compensation for "liability without fault" in accident cases has been fixed at twenty five thousand rupees in respect of death and twelve thousand rupees in respect of permanent disablement. The question raised is this: Whether the victim (or his legal representatives) in a motor accident which happened before the said date is entitled to compensation as provided in the New Act? Some of the Motor Accidents Claims Tribunals in this State have awarded compensation according to the amount fixed in the New Act and appeals have been filed against such awards in which the aforesaid question alone has been raised. When we heard arguments in this appeal, we had the assistance of arguments addressed by some of the standing counsel engaged by Insurance Companies in this High Court. Besides the counsel for victim/ respondent in this appeal, we are also benefited by the able assistance provided by Shri. V. Giri whose services were requested for by us as amicus curiae
















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