Amendment Act 2019 - The Legal Chamber

This Supreme Court judgment clarifies that under Section 167(5) of the Motor Vehicles Act, 1988, inserted by Act 32 of 2019, the right to claim compensation for personal injuries survives to the legal representatives of an injured person upon their death. This survival of the cause of action is applicable irrespective of whether the death has any nexus to the accident injuries. The Court thus overruled the contrary view taken in Bhagwati Bai. Facts Of The Case: The case originated from a motor accident in which the original claimant, Dhannalal, suffered injuries that resulted in 100% disability. He initially filed for compensation before the Motor Accidents Claims Tribunal. Dissatisfied with the awarded amount, he appealed to the High Court, which enhanced the compensation. Still see...

The Supreme Court upheld the conviction under Section 6 of the POCSO Act but modified the sentence. Relying on Article 20(1) of the Constitution, it held that the enhanced punishment of imprisonment for the remainder of natural life, introduced by the 2019 amendment, could not be applied retrospectively to an offence committed prior to its enactment. Facts Of The Case: On May 20, 2019, the appellant, Saturam Mandavi, was accused of luring a five-year-old girl to his house and raping her while her parents were away attending a marriage ceremony in the village. The victim's mother, upon returning and being unable to locate her daughter, confronted the appellant at his house, after which he fled. An FIR was subsequently registered against him. The Trial Court convicted the appellant under S...

Tag: Amendment Act 2019

Supreme Court Interprets New MV Act Law: Injury Claims Survive to Legal Heirs

Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties