Allowed

Bindra Prasad v. Mehdi Hasan and Ors.

Allahabad HC21 Mar 2024FAFO/519/2016

Case brief

AI extract

What is this about?

First appeal challenging quantum of no-fault compensation awarded under Section 163-A. The court held amendments beneficial to claimants apply to pending appeals, granting Rs. 5 lakh under Section 164, with interest from 1.9.2019, and modified the award accordingly.

What did the court decide?

Compensation enhanced to Rs. 5 lakh under Section 164 MV Act; award dated 23.2.2016 modified with interest on enhanced amount from 1.9.2019; amounts paid adjusted.

Bindra Prasad Vs Mehdi Hasan and Ors. — Motor Accident Claims | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24825

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Reserved on 01.3.2024 Delivered on 21.3.2024

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Court No. - 31

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Case :- FIRST APPEAL FROM ORDER No. - 519 of 2016

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Appellant :- Bindra Prasad Respondent :- Mehdi Hasan And Ors. Counsel for Appellant :- Satendra Nath Rai

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard learned counsel for the appellant. No one has appeared on behalf of the respondent, despite service of notice.

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By way of the present appeal, the appellant has challenged the quantum of compensation awarded by the learned Tribunal by order dated 23.2.2016 in M.A.C.P. No. 95 of 2015.

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Learned counsel for the appellant submits that as per Section 164 of the Motor Vehicles Act, which was introduced in 2019, the claimant-appellant is entitled for the benefit of Section 164 of Motor Vehicles Act, even though the same was introduced after the decision of learned Tribunal. As the appeal is pending which can be said to be continuation of trial. It is further submitted that as per Section 164 of Motor Vehicles Act, a fixed amount has been mentioned i.e. Rs.5 Lakh, therefore, in view of Section 164 of Motor Vehicles Act, the claimant-appellant is entitled for compensation of Rs.5 Lakh on the date of accident.

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From perusal of the impugned award, it is clear that the same was passed under Section 163-A of the Motor Vehicle Act. Motor Vehicles Act is beneficial legislation, therefore, all amendments during pendency of the proceeding, providing more benefit will be applicable on the pending cases even if in appeal. The contention of learned counsel for the appellant appears to be correct that though the impugned award was passed on 23.2.2016 but the amendment in Section 164 of Motor Vehicles Act was made in the year 2019 which provides a fixed amount of Rs. 5 Lakh as compensation in case of death because of no fault liability.

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Section 164 of Motor Vehicles Act provides that the owner of the motor vehicle or the authorized insurer shall be liable to pay in case of death due to any accident arising out of the use of motor vehicle, a compensation, of a sum of Rs. 5 Lakh. Therefore, this

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Court is of the view that the present appellant is entitled to the benefit of amendment in Section 164 of Motor Vehicles Act, providing compensation for death in case of no fault liability. Therefore, the appellant is entitled for compensation of Rs. 5 Lakh for the death of his wife Smt. Basanti Devi.

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So far as interest on the awarded amount is concerned, as per Section 171 of Motor Vehicles Act, the interest on compensation should not be earlier than the date of making claim. However, considering the fact that the amendment was made in Section 164 of Motor Vehicles Act in the year 2019. Therefore liability towards payment of interest on enhanced amount in view of Section 164 of Motor Vehicles Act will be from the date of amendment in Section 164 of Motor Vehicles Act i.e. 1.9.2019.

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With the aforesaid observation, the present appeal is allowed and award dated 23.2.2016, passed in M.A.C.P. No. 95 of 2015, is modified to the extent mentioned above.

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The amount already paid to the claimant in pursuance of the award dated 23.2.2016 shall be adjusted.

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Office is directed to immediately transmit the lower court record to the concerned Tribunal.

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Order Date :- 21.3.2024 Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Bindra Prasad v. Mehdi Hasan and Ors.

Case brief

What is this about?

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Bindra Prasad v. Mehdi Hasan and Ors.

Case brief

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What did the court decide?

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