Authority: Calcutta High Court, Circuit Bench at Jalpaiguri

Order Date: 2025 (date not specified)

Case Overview

  • Parties: Appellant Jharna Malodas (legal heir of the deceased Sujit Malodas) vs. Managing Director, North Bengal State Transport (NBSTC).
  • Accident: On 09 June 2016, around 2.00 PM, a bus (WB‑63‑9322) collided with Sujit Malodas near Oodlabari Hindi High School, Malbazar (PS‑Malbazar, Jalpaiguri district), resulting in his death.
  • Claim: Claimant filed compensation under Section 163A of the Motor Vehicles Act, 1988.
  • Tribunal Award: Motor Accident Claims Tribunal, 2nd Fast Track Court, Jalpaiguri (M.A.C. Case No. 384 of 2016) awarded Rs 3,28,500 with interest at 6% from 21‑Nov‑2016, and 9% thereafter, based on notional monthly income of Rs 3,000.
  • Appeal Ground: Appellant argued that the 22 May 2018 Notification amending Section 163A, which fixes compensation for death at Rs 5,00,000, has retrospective effect as held by the Calcutta High Court (Urmila Halder vs New India Assurance) and affirmed by the Supreme Court (New India Assurance vs Urmila Halder, SLP No. 6260 of 2019).
  • Respondent’s Position: Contended that the Notification applies only prospectively from 22 May 2018 and therefore the Tribunal award was correct.

Final Outcome

  • The Court held that the Notification dated 22 May 2018 is applicable retrospectively and that the Supreme Court judgment is binding.
  • The award is modified: NBSTC must pay a lump‑sum compensation of Rs 5,00,000 to the claimant.
  • Interest: 6% per annum from the date of filing the claim (21 Nov 2016) until realization of the amount.
  • Payment Directions: NBSTC to deposit the amount with interest before the Registrar, Circuit Bench, Calcutta High Court, Jalpaiguri within two months of this order; the Registrar will release the funds after verification of court fees.
  • Annual Increase: Clause 2 of the 22 May 2018 Notification requires the compensation amount to increase by 5% annually from 1 Jan 2019.
  • No order as to costs; connected applications disposed.

Topics: Motor Accident Compensation, Section 163A Amendment, Judicial Review