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1991 Supreme(Raj) 430

A.K.MATHUR, R.BALIA
Rajasthan State Road Transport Corporation – Appellant
Versus
Ogam – Respondent


Advocates Appeared:
S.N. Sharma, for Applicant K.S. Rathore, for S.S. Bhati, for Respondents

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 t















































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