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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 :
Heard learned counsel for the parties.
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).
5. Learned counsel for the appellant submits that the law which was amended would come into force prospectively, which is a normal rule of interpretation and there being no retrospectivity indicated in the amendment itself, the same has to be construed in a harmonious manner giving effect to each and every word.
7. It was further contended that the present case is covered by the policy under which the payment is made and the same crystallized on the date t
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....
The amended Second Schedule has to be taken into account in pending proceedings under Section 163A for deciding the quantum of compensation.
Compensation caps set under Section 163(A) of the Motor Vehicles Act limit claims despite evidence of income loss. Courts must adhere to statutory ceilings while ensuring justice to claimants.
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