Vazir Mohd. and Another vs Sambhu Singh and Others

S.N. Bhargava, J.—These five appeals are directed against the common order passed by the Motor Accidents Claims Tribunal, Sawaimadhopur, granting interim compensation u/s 92-A of the Motor Vehicles Act.

Learned Counsel for the Appellants have relied upon a decision of this Court in Yashoda Kumari v. R.S.R.T.C. 1984 ACJ 716 (Raj) and a Division Bench judgment of the Allahabad High Court in Ram Mani Gupta v. Mohd. Ibrahim 1985 ACJ 476 (All) and have submitted that since the accident had taken place before Section 92-A was inserted, therefore, the learned Tribunal had no jurisdiction to grant interim award in these cases.

I am in agreement with the view expressed in the two cases cited above by the learned Counsel. Since it is admitted that the accident had taken place much before Section 92-A of the Motor Vehicles Act was inserted and that Section 92-A of the Motor Vehicles Act has not been made retrospective by the legislation, therefore, the impugned award is set aside, the appeals are accepted. However, the learned Tribunal is directed that it should decide the claim petitions within six months at the most since they are pending for a pretty long time. The parties are left to bear their own cost.