SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(SC) 15454

SUPREME COURT OF INDIA
AHSANUDDIN AMANULLAH, SANDEEP MEHTA, JJ
THE NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
URMILA HALDER – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sanjay Kumar Dubey, Mr. Shuchi Singh, Mr. Krishna Kant Dubey, Mr. Vivek Kumar Pandey, Mr. Ujjwal Kumar Dubey, Mr. Devendra Kumar Mishra
For the Respondents: Mr. Rabin Majumder, Ms. Akansha Srivastava, Ms. Pranaya Sahay, Mr. Joydeep Mukherjee

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 ₹1,14,500/- (Rupees One Lakh Fourteen Thousand Five Hundred) to ₹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 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.

6. Reliance was placed on the last line of the notification, which indicates that the said amendment would come into

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top