The main legal point established is the applicability of the Motor Vehicles Act, 1988, to accidents occurring before its coming into force, and the limitation of the award amount based on the relevant provisions.

1. - This appeal has been filed against the order of the learned Member, Motor Accidents Claims Tribunal (Additional District Judge), Barmer, dated November 3, 1989 by which he has ordered the appellant and the respondent Nos. 2 and 3 to make payment of Rs. 25,000/-- under Section 140, Motor Vehicles Act, 1988.

2. It is contended by the learned Counsel for the appellant that an account-payee draft for Rs. 15,000/- has already been deposited in the Tribunal in compliance with the order dated February 22,1990. He further contends that admittedly the accident took place on October 31, 1988 before the coming into force of the Motor Vehicles Act, 1988 with effect from July 1, 1989 and as such the Tribunal could not order for the payment of Rs. 25,0007- but could order only for the payment of Rs. 15,000/- as provided under Section 92A, Motor Vehicles Act, 1939.

3. No respondent has put his appearance despite sufficient service of the notice upon him.

4. It is clear from the claim petition that the accident took place on October 31, 1988 and the claim petition itself was filed on April 29, 1989. As such the provisions of Section 92-A of Motor Vehicles Act, 1939 were applicable and not the provisions of Section 140 of Motor Vehicles Act, 1988. Under the former provisions, the Tribunal had jurisdiction to award Rs. 15,000/- only and not Rs. 25,000/- to the claimants. As such the appeal deserves to be allowed.

5. Consequently, the appeal is allowed. The order of the learned Member, Motor Accidents Claims Tribunal (Additional District Judge), Banner, dated November 3, 1989 is modified to this extent. No order as to costs.Appeal allowed.

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