[Cites 4, Cited by 0]
Madhya Pradesh High Court
Smt. Rekha vs Suraj Bhan Singh Kushwaha on 26 February, 2026
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:7544
1 MA-5437-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 26 th OF FEBRUARY, 2026
MISC. APPEAL No. 5437 of 2018
SMT. REKHA AND OTHERS
Versus
SURAJ BHAN SINGH KUSHWAHA AND OTHERS
Appearance:
Shri Ramesh Prasad Gupta - Advocate for the appellants.
Shri Badri Nath Malhotra, learned counsel for the respondent
No.3/Insurance Company.
ORDER
Heard on IA No.5081/2018, an application moved on behalf of appellants
u/S 5 of the Limitation Act r/w Section 173 of Motor Vehicles Act for
condonation of delay.
2. On due consideration and for the reasons mentioned in the application,
the same is allowed. Delay in filing the instant appeal is hereby condoned.
3. This appeal has been preferred by the appellants/claimants under Section
173(1) of the Motor Vehicles Act, 1988, challenging the award dated 31.07.2018
passed by the Fourth Motor Accident Claims Tribunal (for short, "the Claims
Tribunal"), District Gwalior, in Claim Case No. 600105/2016, on the ground of
alleged inadequacy of compensation and seeking enhancement thereof.
4. The date of the accident, the finding regarding negligence, and the issue of
liability are not in dispute. The findings recorded by the Claims Tribunal on these
aspects have attained finality and are not under challenge in the present appeal.
5. The Claims Tribunal, upon adjudication of the claim arising out of the
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death of Keval Singh in a motor accident, awarded a total compensation of Rs.
4,05,500/- along with interest from the date of filing of the claim petition till
realization.
6. Learned counsel for the appellants submitted that the claim petition was
filed under Section 163-A of the Motor Vehicles Act, 1988. It was contended that
by virtue of the amendment to the Motor Vehicles Act in the year 2019 (Act 32 of
2019), Section 163-A has been substituted by Section 164, which provides for
payment of Rs. 5,00,000/- as compensation in case of death under the principle of
no-fault liability. It was further submitted that the amended provision has been
made applicable in the State of Madhya Pradesh in the year 2022, and therefore,
the appellants are entitled to enhanced compensation in terms of Section 164 of
the amended Act.
7. Per contra , learned counsel for the Insurance Company supported the
impugned award and submitted that the amendment has no retrospective effect
and that the Claims Tribunal has awarded just and proper compensation in
accordance with the law applicable at the relevant time. Dismissal of the appeal
was thus prayed for.
8. Heard learned counsel for the parties and perused the record of the Claims
Tribunal.
9. From the record, it is evident that the accident occurred on 26.08.2014 and
the award was passed on 31.07.2018. The claim petition was filed under Section
163-A of the Motor Vehicles Act, 1988, as it then stood. The amendment
substituting Section 163-A with Section 164 by Act 32 of 2019 came into force
with effect from 01.04.2022. It is a settled principle of law that, unless expressly
provided, statutory amendments affecting substantive rights are prospective in
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nature.
10. There is nothing in the amending Act to indicate that Section 164 has
retrospective operation so as to apply to accidents that occurred prior to the date
of its enforcement. In the present case, both the accident and the award predate the
amendment. Therefore, the appellants are not entitled to claim the benefit of the
enhanced compensation prescribed under Section 164 of the amended Act.
11. On perusal of the impugned award, it is apparent that the Claims Tribunal
has assessed the compensation in accordance with the provisions of Section 163-A
of the Motor Vehicles Act. The amount awarded is just, fair, and reasonable in the
facts and circumstances of the case. No error of law or perversity has been pointed
out warranting interference by this Court in appellate jurisdiction under Section
173 of the Motor Vehicles Act.
12. Accordingly, finding no merit in the appeal, the same is hereby
dismissed. The award passed by the Claims Tribunal is affirmed. No order as to
costs.
(HIRDESH)
JUDGE
*VJ*
