Interim Relief U/S 140, Motor Vehicles Act, 1988, Whether Retrospective ?
By
Ram Bhajan Rai
A Division Bench of the High Court of Kerala in the case of United India Insurance Co. Ltd. v. Padamavathy, 1990 SC Cri R 588 has started with a note "The question raised in this appeal has some moments for victims in motor accidents".
The M.V. Act, 1939 (hereinafter to be referred as the old Act) has been repealed by S. 217 of the M.V. Act, 1988 (to be referred as the new Act).
The old Act had, u/S 92-A, fixed the amount of compensation (generally called interim relief) of Rupees fifteen thousand in respect of death and Rs. 7,500/- in respect of permanent disablement arising from motor accident to be paid by the owner of the vehicle (including the insurer, if any). However, S. 140 of the new Act has, while retaining in toto other details of previous provision, enhanced the quantum of such compensation to Rs.25000/- and 12000/- respectively; The new Act came into force on 1-7-1989.
In the case before their Lordships of Kerala High Court the accident ....