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AHSANUDDIN AMANULLAH, SANDEEP MEHTA
New India Assurance Co. Ltd. – Appellant
Versus
Urmila Halder – Respondent
| Table of Content |
|---|
| 1. final dismissal of appeal with orders on compensation (Para 2 , 3 , 11) |
| 2. compensation enhancement in accident claims (Para 4) |
| 3. arguments on prospective and retrospective effect of amendments (Para 5 , 6 , 7 , 8) |
| 4. court's reasoning for upholding compensation increase (Para 9 , 10) |
ORDER :
SPECIAL LEAVE PETITION (CIVIL) NO. 6260 OF 2019:
Heard learned counsel for the parties.
2. Leave granted.
3. The appellant-Insurance Company is aggrieved by the judgment dated 09th August, 2018, passed by the Division Bench of the High Court of Calcutta by which the compensation awarded by the Motor Accident Claims Tribunal, Sealdah, vide judgment dated 17th December, 2008, has been enhanced from Rs.1,14,500/- (Rupees One Lakh Fourteen Thousand Five Hundred) to Rs.5,00,000/- (Rupees Five Lakhs).
4. The short point for consideration before this Court is whether the amendment in Section 163-A of the MOTOR VEHICLES ACT , 1988, which came into effect by a Gazette Notification on 22nd May, 2018, would relate to an accident which had occurred prior to the said date.
5. Learned counsel for the appellant submits that the law which was amended would come into force prospectively, which is a
The Supreme Court ruled that procedural amendments in the Motor Vehicles Act can have retrospective effect to benefit claimants without altering substantive rights.
Compensation claims under Section 163A of the Motor Vehicles Act, 1988 are contingent upon the claimant's income being below the statutory threshold, while recent amendments enhancing compensation ar....
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