Gujarat State Road Transport Corpn. vs Kashiben deceased through LR''s and Another

S.D. Shah, J.—Rule. Mr. K.C. Talpada appeal''s and waives service of rule on behalf of respondents. With the consent of learned

advocates of the parties matter is finally heard today.

This revision is directed against the interim order passed in MACP No. 5 of 1989. Respondents before this court were the claimants in the said

claim petition. In the accident that took place on 30.11.1988, one Kashiben expired and the claimants are heirs and legal representatives of

deceased Kashiben. Claimants preferred application for compensation and they applied u/s 140 of Motor Vehicles Act, 1988, for interim

compensation on the ground of no fault liability. The Claims Tribunal by its judgment and order, dated 20.8.1990, passed below Exh. 16, directed

the Gujarat State Road Transport Corporation to deposit an amount of Rs. 25,000/-. Being aggrieved by the aforesaid judgment and order of the

Tribunal the G.S.R.T.C. has preferred this revision application. Mr. Shelat, learned advocate for the petitioner, has mainly urged that the Tribunal

has committed error of law in overlooking the fact that accident has occurred on the 30th November, 1988. At that time Section 92-A of Motor

Vehicles Act, 1939, was operative and not Section 140 of Motor Vehicles Act, 1988. Since the accident has taken place before the new Act

came into force, the Tribunal was governed by the provisions of Section 92-A of the old Act and under the old Act under the head of no fault

liability the amount which could be awarded by the Tribunal was Rs. 15,000/-only. The submission of Mr. Shelat appeals to be well-founded. It

cannot be said that the accident that has taken place prior to the new Act of 1988 coming into force the provisions of said Act would apply. Under

the provisions of old Act under no fault liability claimants would be entitled to an amount of Rs. 15,000/- only. Therefore, the Tribunal could not

have called upon the G.S.R.T.C. to deposit an amount of Rs. 25,000/- under the head no fault liability. The judgment and order of the Tribunal is,

therefore, required to be quashed and set aside and the same is substituted by directing the G.S.R.T.C. to deposit an amount of Rs. 15,000/-

under no fault liability before the Tribunal within 8 weeks from today. On said amount being deposited the rest of the order of the Tribunal shall

remain and said amount of Rs. 15,000 shall be paid over to the claimants subject to conditions which the Tribunal may deem necessary in that

behalf.

In the result, C.R.A. succeeds. The judgment and order of the Claims Tribunal at Nadiad in MACP No. 5 of 1989 passed below, Exh. 16,

dated 20.8.1990, is quashed and set aside and the G.S.R.T.C. is directed to deposit Rs. 15,000/- before the Tribunal within 8 weeks from today.

Subject to further order that may be passed by the Tribunal about the disbursal of said amount to the claimants rule is made absolute with no order

as to costs. Civil revision application allowed.