Whether the rights conferred under S.166 (5) of the

Motor Vehicles Act, 1988, ( ‘Act of 1988’ for short) to the

legal representative/s of the deceased claimant, are available

to

him/them

if

the

claimant had

died prior

to

the

commencement of Act no.32/2019 and during the pendency of

claim petition or appeal by the claimant, is the question.

Or to put it differently, whether Section 166(5) of

the Act of 1988 is having prospective, retrospective or

retroactive operation?

In terms of the judgment and awards dated

07.03.2011, in M.V.C.No.1945/2010 and M.V.C.No.1946/2010

on the file of the Fast Track Court, Hunsur, the Tribunal

awarded compensation of Rs.3,36,200/- in favour of the

claimant in M.V.C.No.1945/2010 and Rs.1,15,000/-in favour

of the claimant in M.V.C.No.1946/2010. Both the claimants

are in appeal seeking enhancement of compensation.

4

4.

The claimant/appellant in M.F.A. 10796/2011

expired on 13.06.2019. His legal representatives are brought

on record to prosecute the appeal.

5.

The findings of the Tribunal regarding the injuries

and disability sustained by the claimants in both cases are not

disputed and the insurer has not questioned the liability.

6.

The Motor Veh