2025:CGHC:34239 AFR Digitally signed by HARNEET HARNEETKAUR KAUR Date:

2025.07.22 10:46:48 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 153 of 2022 Divisional Manager The United India Insurance Company Ltd. 5 Star Complex, Near Lovely Hotel, Power House Bhilai, District Durg Chhattisgarh. Through In Charge, T.P. Hub, United India Insurance Co. Ltd., 1st Floor, Lic Bulding, Magarpara Road, Bilaspur Chhattisgarh.

… Appellant versus

1 - Smt. Nirmala Yadav W/o Late Shri Dinesh Yadav Aged About 26 Years R/o Village Ghotwani, P.S. Dhamdha Tehsil Dhamdha, District Durg Chhattisgarh.

2 - Aarti Yadav D/o Late Shri Dinesh Yadav Aged About 10 Years Minor Represented Through Mother And Natural Guardian Smt. Nirmala Yadav W/o Late Dinesh Yadav, R/o Village Ghotwani, P.S. Dhamdha Tehsil Dhamdha, District Durg Chhattisgarh.

3 - Tulesh Yadav S/o Late Shri Dinesh Yadav Aged About 5 Years R/o Village Ghotwani, P.S. Dhamdha Tehsil Dhamdha, District Durg Chhattisgarh.

4 - Khilesh Yadav S/o Late Dinesh Yadav Aged About 4 Years R/o Village Ghotwani, P.S. Dhamdha Tehsil Dhamdha, District Durg Chhattisgarh.

5 - Smt. Kumari Yadav W/o Krishna Yadav Aged About 47 Years R/o Village Ghotwani, P.S. Dhamdha Tehsil Dhamdha, District Durg Chhattisgarh.

6 - Krishna Yadav S/o Late Moti Yadav Aged About 52 Years R/o Village Ghotwani, P.S. Dhamdha Tehsil Dhamdha, District Durg Chhattisgarh.

7 - Hitesh Kumar S/o Ashwani Kumar R/o Village Ahiwara, P.S. Nandini Tehsil And District Durg Chhattisgarh.

8 - Ankit Bafna, R/o Nandani Chowk, Near Petrol Tank Ahiwara, Tahsil Dhamdha, District Durg Chhattisgarh.

... Respondents For Appellant : Mr. Akash Shrivastava, Advocate For Respondents : None, though served SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board

18.07 .2025

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant (Insurance Company) challenging the impugned award dated 31/08/2021 modified by order dated 29/09/2021 passed by Learned 2^nd Additional Motor Accidents Claims Tribunal, Durg in Claim Case No.

297/2017, whereby learned Claims Tribunal initially awarded a sum of Rs. 5,15,000/- to the claimants applying the amended 2^nd Schedule to Section 163-A of the Act of 1988, however, on an application filed by the claimants for correction of arithmetical error in computing the award, passed the modification order and modified the award from Rs. 5,15,000/- to Rs. 5,75,000/-.

2. It is the case of the appellant that on 02/08/2017, the respondents No. 1 to 6/claimants, who are wife, children and parents of deceased Dinesh Kumar Yadav, respectively, filed the application under Section 163-A of the Act of 1988 claiming a compensation of Rs. 16,90,000/- and thereafter, an amendment was made in the 2^nd Schedule enacted under Section 163-A of the Act of 1988 which came into effect on 22/05/2018 and though the accident occurred on 04/07/2016, but the Claims Tribunal applied the amended provisions of Section 163-A of the Act of 1988 and awarded a sum of Rs. 5,15,000/- which was later modified to Rs. 5,75,000/- ignoring the fact that the accident had happened much prior to the date of coming into force of the amendment.

3. Learned counsel for the appellant would submit that the Claims Tribunal has erred in applying the amended 2^nd Schedule to Section 163-A of the Act of 1988 as the amendment was effective from 22/05/2018 and it could not be applied retrospectively in respect of a cause of action which arose on 04/07/2016 which is much prior to the date of coming into force of the notification, as such, the impugned award is liable to be set aside.

4. None appeared on behalf of the respondents, though served.

5. I have heard learned counsel for the appellant, considered his submission and perused the record.

6. The question for consideration in this appeal is, whether learned Claims Tribunal was justified in applying the amendment carried out in the 2^nd Schedule to Section 163-A of the Act of 1988 in the i