BALIA, J. —The short question which is raised in this Special Appeal is that while fixing the quantum of compensation on no fault liability principle by the Motor Accident Claims Tribunal in a case of death or permanent disability in a motor accident, whether the provisions as they existed on the date of death or the law as in force on the date when such quantum of compensation is determined, will be applicable.

(2). Brief and undisputed facts which led to this Special Appeal are that one Kana Ram son of Shri Achala Ram resident of village Batadu died in a Bus accident near village Kawas District Barmer on 19/5/89. The accident took place with a bus of Rajasthan State Road Transport Corporation. Respondents No. 1 to 5 who include widow, mother, father and minor brother of the deceased Kana Ram filed a claim for compensation before the Motor Accident Claims Tribunal some where in July, 1989 after the Motor Vehicles Act, 1988, hereinafter referred to as the New Act had come into force. The claimants had made a claim for immediate award of Rs. 25,000/- as compensation on the ground of no fault liability as fixed by sec. 140 of the New Act. This claim of the claimants was contested by the Corporation on the ground that since accident has taken place on 19/5/89 before the commencement of the New Act, the limit of no fault compensation payable shall be only to the extent provided under section 92-A of the Motor Vehicles Act, 1939, hereinafter referred to as the Old Act which was in force on the date when accident took place. The amount of compensation on the ground of no fault liability under the repealed provisions of the Old Act was Rs. 15,000/- in the case of death.

(3). The contention of the Corporation was rejected both by the Motor Accidents Claims Tribunal, Barmer vide its order dated 8th Dec. 1989 and then by the learned Single Judge of this Court vide order dated 10.04.1990 passed in the appeal filed against the order of Motor Accidents Claims Tribunal. The order passed by the learned Single Judge has been challenged in this Special Appeal.

(4). We have heard learned counsel for the parties.

(5). The only contention of learned counsel for the appellant is that by virtue of Section 6 of the General Clauses Act of 1987, the amount of compensation stated in the repealed Act will govern the award of amount payable as compensation on principle of no fault liability in a case where accident has occurred prior to commencement of the New Act notwithstanding the fact that claim has been made after the commencement of the New Act. Learned counsel places reliance on a decision of this Court in Yashoda Kumari and others Vs. Rajasthan State Road Transport Corporation, Jaipur and Ors. (1) and a decision of Allahabad High Court in Ram Mani Gupta and others Vs. Mohammed Ibrahim and others (2) in support of his contention that the provisions of Section 140 under the New Act are not retrospective in effect.

(6). In our opinion, the contention of the learned counsel for the appellant cannot be accepted.

(7). The relevant provisions of section 6 of the General Clauses Act reads as under:—

"6. Effect of report :- Where this Act, or any regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears "

(8). A bare reading of section 6 makes it abundantly clear that it is not an abstract and absolute principle to be applied in the case of every repeal but in all cases, intention of the legislature has to be gathered with reference to dominant intention of the legislation, the object indicating the nature of rights affected and circumstances under which the statute is passed.

(9). The general principle governing the award of compensation on account of injury caused in the Motor Accident has its foundation in action for tort and usual common law principle is that a claimant should establish negligence on the part of the owner or driver of the motor vehicle before clai

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