Pepsu Road Transport Corpn. Patiala, through its General Manager V/s Kulwant Kaur & Ors.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2009-02-23
Case No: 1157 of 2009 (Arising out of SLP(C)3571 OF 2007)
Case Type: Appeal (Civil)
Judge Name: Arijit Pasasyat Mukundakam Sharma
Subject: Motor Vehicle Law
Statutes / Acts: Motor Vehicles Act, 1988
Equal Citation Details :

2009(3)SCALE21, (2009)4SCC32, [2009]2SCR967, 2009ACJ1329, 2009 (75) ALR 168, 2009(3)ALT31(SC), 2009 2 AWC(Supp)1504SC, JT2009(4)SC334, 2009(4)MhLJ679(SC), (2009)156PLR743

Case Note / Description :

In R.L. Gupta v. Jupitor General Insurance Co. [1990(1) SCC 356] it was held the quantum of liability is provided by the Statute prospectively. At the relevant point of time the quantum of Rs.15,000/- appears to have been paid. The High Court’s view about retrospective operation is contrary 3to what has been stated in R.L. Gupta’s case (supra). In any event, Act can have no application in respect of a claim  petition filed on 30.11.1982 and decided by MACT on 16.7.1984.  Above being the position the appeal deserves to be allowed, which we direct. The amount shall be Rs.15,000/- instead of Rs.50,000/- asdirected by the Tribunal. The appeal is allowed to the aforesaid extent. 

Motor Vehicle Act, 1988

 
 
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