Gurdev Kaur vs Raj Krishan - 2005 Supreme(P&H) 1338

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2005 Supreme(P&H) 1338

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Gurdev Kaur – Appellant
Versus
Raj Krishan – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Neeraj Khanna, Advocate
For the Respondent:Mr. D.P. Gupta, Advocate and Mr. Shubham Gupta, Advocate

Table of Content
1. procedural history and tribunal findings on compensation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. contention regarding application of beneficial provision under section 164. (Para 8 , 9)
3. retrospective application of beneficial statutory provisions for compensation. (Para 10 , 11 , 12)
4. granting of enhanced compensation and incidental orders. (Para 13 , 14 , 15 , 16 , 17 , 18)

JUDGMENT :

YASHVIR SINGH RATHOR. J.

1. This judgment shall dispose of the two appeals which have emanated out of the same Award.

2. These appeals have been instituted against the Award dated 20.05.2005 passed by the Motor Accident Claims Tribunal, Ambala (for short “Tribunal”) in MACT Case No.9 of 2002 and MACT Case No.10 of 2002, under Section 166 of Motor Vehicles Act, 1988 (hereinafter referred to as ‘Act’), vide which claimants in both the petitions have been awarded a sum of Rs.50,000/- each only as compensation under the “no fault liability” along with interest @ 9% per annum from the date of the institution till realization as the accident in question had taken place solely due to rash and negligent driving on the part of motorcyclist Gurvinder Singh driver/deceased himself.

3. From the p