$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 13^th December, 2024 + MAC.APP. 274/2022, CM APPL. 38964/2022 NEW INDIA ASSURANCE CO LTD Delhi Legal Hub, Core-3, First Floor, Scope Minar, Laxmi Nagar District Centre, Delhi.

.....Appellant Through: Mr. Ravi Sabharwal, Advocate3 versus

1. SUNIL S/o Late Sh. Roshan R/o H.No.33, Vikas Nagar, Loni Dehat, Ghaziabad (U.P.)

2. YUSUF S/o Sh. Riyasat C/o Sh. Vikas Goel, 3^rd, H.-72, Rakesh Marg, Nehru Nagar, Ghaziabad (U.P.)

3. VIKAS GOEL S/o Sh. Dinesh Chand Goel

3^rd, H-72, Rakesh Marg, Nehru Nagar, Ghaziabad, (U.P.)

.....Respondents Through: Mr. Anshuman Bal and Ms. Divya Saini, Advocates for R-1.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA Signature Not Verified MAC.APP. 274/2022 Page 1 of 9 DigitallySigned By:VIKAS J U D G M E N T (Oral)

1. An Appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed on behalf of the Insurance Company to challenge the Award dated 26.05.2022 vide which the lumpsum compensation in the sum of Rs.5,00,000/- along with interest @ 8% per annum under Section 163-A of the Motor Vehicle Act, 1988 (as amended) has been granted on account of demise of Deepak, aged 25 years, in a road accident on 06.08.2017.

2. Learned counsel on behalf of the Insurance Company has challenged the impugned Award on the sole ground that though initially the Claim Petition was filed under Section 166 of the Motor Vehicle Act, 1988 but the learned Tribunal granted a lumpsum compensation of Rs.5,00,000/- along with interest @ 8% per annum under the amended provision of Section 163-A Motor Vehicle Act, 1988. It is submitted that the accident took place on 06.08.2017 while the Notification under Section 163-A came into effect from 22.05.2018, which could not have been applied retrospectively. Therefore, the Tribunal fell in error in granting the compensation of Rs. 5,00,000/- for an accident which had happened before the date of Notification.

3. Learned counsel on behalf of the Claimant has argued that the compensation has been assessed in accordance with Law. The grant of Compensation under Motor Vehicle Act is beneficial legislation and the benefit of the subsequent amendment should not be denied to the Claimants in regard to the accident which had happened prior to the Notification, for which reliance is placed on Minara Bibi and Ors. Vs. National Insurance Co. Ltd. and Ors., of Calcutta High Court.

Signature Not Verified MAC.APP. 274/2022 Page 2 of 9 DigitallySigned By:VIKAS

4. Submissions heard and record perused

5. Briefly stated, on 06.08.2017 at about 11:00 p.m., at Chirori Road, Banthla Chowki Bhatta, Loni, Ghaziabad, U.P., Late Sh. Deepak died due to a motor vehicular accident involving a truck, bearing registration No. UP17T-4689, being driven by Yusuf/Respondent No. 2, owned by Sh. Vikas Goel/Respondent No. 3 and insured with the Appellant Insurance Company. 6. The FIR No. 764/2017 u/s. 279/304-A IPC 1860, was registered at P.S. Loni, at the instance of the brother of the deceased. It is stated therein that the deceased, who was doing the work of loading -unloading the bricks on the offending truck, fell from it due to rash and negligent and fast speed driving of the truck by the driver/Yusuf. He was taken to GTB hospital by the Driver himself, where he was declared “Brought Dead”.

7. The Petition was filed u/s. 166 and 140 of the Motor Vehicle Act, 1988; though was subsequently converted to S. 163-A Petition. The Learned Tribunal, while relying upon the Notification dated 22.05.2018, issued by the Ministry of Road Transport and Highways awarded a compensation of Rs. 5,00,000/- along with interest @8% vide the impugned Award.

8. The core question raised by the Insurance Company is: whether the amended provisions of Section 163-A Motor Vehicle Act, can be applied retrospectively to an accident that occurred prior to the date of Notification, which came into effect on 22.05.2018.

9. The relevant portion of the Notification S.O. 2022(E). dated 22.05.2018, iss