Jaswanti v. State of Haryana and Others
Motor Vehicles Act, 1988 – Enhancement of compensation – Amendment to the Act with effect from 09.08.2019 – Prospective application
Case brief
What is this about?
CWP-32-2022, Jaswanti v. State of Haryana and others, High Court of Punjab & Haryana at Chandigarh, decided 23.07.2026 by Tribhuvan Dahiya J. (oral). Petition for enhanced motor accident compensation under the amendment to the Motor Vehicles Act, 1988 effective 09.08.2019, concerning death of Manjit Singh on 27.08.2004 earlier compensated with Rs. 25,000 under the Solatium Scheme, 1989 by the Claims Settlement Commissioner, Rohtak (order dated 31.05.2019). Amendment held prospective; reliance placed on this Court's order dated 18.04.2022 in New India Assurance Company Limited v. Deputy Commissioner, Jind-cum-Claims Settlement Commissioner and another, 2023 ACJ 660. Petition dismissed; no advocate appeared for the petitioner.
What did the court decide?
The amendment to the Motor Vehicles Act, 1988 carried out subsequent to the accident and death (with effect from 09.08.2019) is applicable prospectively; therefore the petitioner cannot be held entitled to enhanced compensation.