Disposed

Narayan Vishwa Karma & Anr. v. Dy General of Police & Anr.

Delhi HC10 Feb 2025MAC.APP./382/2017

Case brief

AI extract

What is this about?

Claimants sought enhanced lumpsum compensation of ₹5,00,000 under the amended Section 163A MV Act for a fatal accident occurring before the amendment. Relying on Calcutta High Court precedent upheld by the Supreme Court, the court held the benefit applies to pending cases and modified the award.

What did the court decide?

Award modified; ₹5,00,000 awarded with interest from 22.05.2018; deposited amount adjusted; balance payable within six weeks; appeal disposed.

Narayan Vishwa Karma & Anr. Vs Dy General of Police & Anr. — Motor Accident Claims | Delhi HC (2025)

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$~12

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- MAC.APP. 382/2017

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NARAYAN VISHWA KARMA & ANR .....Appellants Through: Mr. Anshuman Bal, Adv.

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versus

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DY GENERAL OF POLICE & ANR .....Respondents Through: Mr. Anil Mittal & Mr. Atul Chauhan, Advs.

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R

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% 10.02.2025

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The learned counsel for the appellants submits that pursuant to the amendment in Section 163A of the Motor Vehicles Act, 1988 (‘ MV Act ’), the claimants are entitled to a lumpsum award of ₹5,00,000/-.

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He submits that it is settled law that even if the accident occurred prior to the amendment of Section 163A of the MV Act, the Act being a beneficiary legislature, the claimants would be entitled to enhanced amount as introduced under the amended Section 163A of the MV Act.

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The learned counsel for the respondents submits that the amendment would be applied prospectively.

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The appellant’s daughter met with a fatal accident on 22.12.2011. The impugned award in the present case was passed on 09.03.2016 and the appeal was filed by the claimants on 27.03.2017. The amendment in Section 163A of the MV Act came into force from 22.05.2018.

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Concededly, the delay in filing the appeal was condoned

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Page 1 of 3

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MAC.APP. 382/2017

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:48:43

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by this Court. It is undisputed that appeal is an extension of the original proceedings.

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The Hon’ble Calcutta High Court in Urmila Halder v. New India Assurance Co. Ltd. & Ors . : 2018 SCC OnLine Cal 11751 , while considering the compensation payable on account of death of the claimant’s daughter, held that the enhanced compensation amount payable under the amended Section 163A of the MV Act would be applicable to all pending cases irrespective of the date of accident.

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The Hon’ble Calcutta High Court opined that the notification bringing into force amended Section 163A of the MV Act does not expressly or by necessary intendment make it inapplicable to claim applications / appeals which are pending before judicial forums as on that date. The amended sections also make no reference to the dates of accidents.

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The view taken by the Calcutta High Court has been upheld by the Hon’ble Apex Court in an SLP being SLP No.6260/2019 filed by the New India Assurance Company Ltd. The Hon’ble Apex Court observed that the beneficial legislation would necessarily entail the benefit to be passed on to the claimant in the absence of any specific bar.

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In view of the above, the benefit of the amendment in Section 163A of the MV Act cannot be denied to the appellants. The impugned award dated 09.03.2016 is, therefore, modified and the lumpsum amount of ₹5,00,000/- is awarded in favour of the appellants. The appellants would also be entitled to the interest to be calculated from the date of notification dated 22.05.2018, whereby the amendment was carried in the MV Act. 10. It is pointed out that a sum of ₹3,05,000/- along with interest @9% has been deposited by the respondent before this MAC.APP. 382/2017 Page 2 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:48:43

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Court. The amount deposited by the respondent would have to be adjusted from the amount which is now payable in terms of the present order. The balance amount, if any, be deposited within a period of six weeks before this Court.

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The appeal is disposed of in the aforesaid terms.

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The appellants are at liberty to file an appropriate application seeking release of the said amount.

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AMIT MAHAJAN, J

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FEBRUARY 10, 2025 “SK”

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Page 3 of 3

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MAC.APP. 382/2017

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:48:43

Narayan Vishwa Karma & Anr. v. Dy General of Police & Anr.

Case brief

What is this about?

What did the court decide?

Narayan Vishwa Karma & Anr. v. Dy General of Police & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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