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1996 Supreme(Mad) 233

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. JAGADEESAN
The Managing Director, Dheeran Chinnamalai Transport Corporation, Trichy
Versus
Puratchi Veeran
C.M.A.No.534 of 1995
Decided On : 19-02-1996

Advocates:
G.Munirathinam, for Appellant. T.Susindran and S. Y.Masdood, for Respondent.

Headnote:Motor Vehicles Act, 1988 - Section 140 - Motor accident taking place prior to coming into force of the Act and Act not given retrospective effect - Held, provisions of the Act not applicable.

Judgment :

Since the appeal falls within the narrow campus with regard to the applicability of the Amended Act, by consent of both the counsel, the appeal itself is taken up for final disposal.

2. The accident took place on 211. 1991. The tribunal awarded the compensation of Rs.25,000 only on the basis of ‘no fault liability’, applying the provisions of the Amended Act. The Amended Act came into force only on 111. 1994. It has not been given retrospective effect. Hence Amended Act provisions will be applicable only from 111. 1994. This accident took place as early as 211. 1991. Hence, as per the earlier Act no fault liability is only Rs. 12,000 and as such, the award of the Tribunal is not correct.

3. The counsel for the respondent also agreed that no fault liability on the date of the accident is only Rs.12,000. Hence this appeal is partly allowed fixing the no fault liability at Rs.12,000 and there will be an award of compensation for the claimant viz., the respondent herein for the sum of Rs.12,000 No costs.

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