Madras High Court
Managing Director, Dheeran ... vs Puratchi Veeran on 19 February, 1996
JUDGMENT S. Jagadeesan, J.
1. 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 21.11.91. 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 14.11.1994. It has not been given retrospective effect. Hence Amended Act provisions will be applicable only from 14.11.1994. This accident took place as early as 21.11.1991. 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.