The retrospective effect of amendments to the Motor Vehicles Act, 1988 and relevant case law influenced the court's decision to allow the appeal for enhanced compensation.

JUDGMENT :

Ajay Kumar Gupta, J.

CAN 1 of 2024

1. The learned counsel appearing on behalf of the appellants/claimants moved an application for condonation of delay in filing appeal. There is 20 days delay in preferring the instant appeal. He prays for condonation of delay. He referred the paragraph 5 of the application to show the sufficient cause, which was not intentional or latches on the part of the appellants/claimants.

2. On the other hand, the learned advocate appearing on behalf of the insurance company raised objection of such prayer.

3. Having heard the submissions of learned advocates for the parties and on perusal of the application for condonation of delay, this Court satisfied with the cause shown by the appellants/claimants for such delay as such delay in filing appeal is hereby condoned. Appeal is admitted.

4. Accordingly, CAN 1 of 2024 is disposed of.

FMAT 543 of 2021

5. It is submitted by both the parties that instant appeal can be disposed of without calling of LCR only in view of the judgment of the Hon’ble Supreme Court since legal points is involved in the instant case since the claim application had been filed before the Learned Tribunal under Section 163A of the Motor Vehicles Act on account of death of one Shankar @ Sankar Saha. He was Khalasi of the vehicle No. WB 57B/3499 which was proceeding towards Berhampur though NH-34 on 08.03.2016 and when the vehicle reached near Panighata Dhaba under P.S. Kaliganj, Dist. Nadia, at that point of time, one unknown lorry stopped suddenly and the vehicle No. WB 57B/3499 dashed the front lorry as a result deceased received serious injuries and died on the spot. Due to sudden death of deceased, the claimants have filed claim application under Section 163A of the Motor Vehicles Act, 1988 praying for compensation to the tune of Rs. 3,60,000/-for the accidental death of the deceased.

6. The opposite party/insurance company has contested the case and filed written statement. Both parties adduced evidence before the Learned Tribunal. The case falls under ‘no fault liability.’ The claimants have to prove only the involvement of the offending vehicle and accident in which the victim suffered injury and subsequently succumbed to such injury. After considering the case of the parties as well as appreciation of evidence, the learned Tribunal finally, awarded the compensation amounting to tune of Rs. 2,64,000/-and that should be paid within 45 days from the date of passing award along with interest @ 9 % per annum from the date of filing of the case, in default, awarded compensation shall carry further interest @ 10% per annum till the date of its actual realisation.

7. Appellants/Claimants assailed the judgment and award dated 26.11.2019 passed by Learned Judge, Motor Accident Claims Tribunal, District Judge, Nadia in M.A.C. Case No. 72 of 2017. The present appellants have filed this appeal praying for enhancement of the compensation to the claimants in view of the amendment made by a Gazette Notification on 22nd May, 2018 in the Motor Vehicles Act, 1988. As per new amendment, when a person died due to motor traffic accident, claimant or claimants is/are entitled to get Rs. 5,00,000/- as lump sum amount of compensation as it has given retrospective effect.

8. The learned advocate appearing on behalf of the appellants referred two decisions. Firstly, passed by Division Bench of this Court in Urmila Halder vs. New India Assurance Co. Ltd. & Ors (FMA 446 of 2010) reported in 2018 SCC Online Cal 11751 wherein the Division Bench of this Court has held that total sum of Rs. 5,00,000/-in a fatal accident falls under Section 163A of the Motor Vehicles Act, 1988 should be paid. It has retrospective effect though the amendment has come into effect on and from 22nd May, 2018 as such application pending prior to the amendment shall have retrospective effect.

Secondly, a judgment passed in New India Assurance Co. Ltd. –vs.-Urmila Halder in Special Leave Petition (Civil) No. 6260 of 2019,