Court Orders District Magistrate to Pay Rs. 4.75 Lakh Ex Gratia to Victim's Family Despite Repeal of Notification
In a significant ruling, the Patna High Court has upheld the order for payment of Rs. 4.75 lakh as ex gratia compensation to the family of Manjit Kumar, who died in a hit-and-run accident in March 2022. The Court dismissed the Letters Patent Appeal filed by the State of Bihar, challenging the compensation awarded by a Single Judge.
The bench, comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar, confirmed the validity and enforceability of the Bihar Motor Vehicle (Amendment-1) Rules, 2021, which mandated a compensation of Rs. 5 lakh in hit-and-run death cases. The notification was operative until its repeal on October 26, 2023.
The case arose from a tragic accident on March 21, 2022, where an unknown truck driver caused the death of Manjit Kumar. The deceased's father, Suresh Sah, filed a writ petition seeking compensation under the Bihar Motor Vehicle (Amendment-1) Rules, 2021. Despite the repeal of the notification, the High Court maintained that the repeal lacked retrospective effect and did not affect existing rights under the earlier notification.
In its judgment, the Court emphasized that statutory rules are prospective unless explicitly stated as retrospective. It reiterated that vested rights are protected unless a notification explicitly states its retrospective application. The repeal notification dated October 20, 2023, did not carry retrospective effect, ensuring that the compensation under the earlier notification remained valid.
The Court's decision reinforces the principle that interim orders staying the operation of a notification do not bar relief claims, thereby affirming the Single Judge's directive for payment. The Division Bench noted the absence of any error or perversity in the impugned order.
The Patna High Court directed the District Magistrate, West Champaran, to disburse the remaining Rs. 4.75 lakh to Suresh Sah within four weeks, warning that failure to comply would result in the Magistrate's salary being withheld.
This judgment underscores the judiciary's role in safeguarding victims' rights and ensuring that administrative delays do not impede justice. It also serves as a reminder of the importance of precise legislative drafting, especially concerning the temporal application of laws.
The judgment is expected to have significant implications for similar pending compensation claims and will likely influence administrative practices in the enforcement of ex gratia payments under the Motor Vehicle laws.
Bottom line:-
Bihar Motor Vehicle (Amendment-1) Rules, 2021 - Notification dated 11.08.2021 providing for ex gratia payment of Rs. 5,00,000/- in hit-and-run death cases was valid, enforceable, and applicable until its repeal on 26.10.2023. Stay of operation of notification does not bar relief.
Statutory provision(s): Bihar Motor Vehicle (Amendment-1) Rules, 2021, Sections 279 and 304A of the Indian Penal Code, Solatium Scheme 1989, Motor Vehicles Act, 1988.
State of Bihar v. Suresh Sah, (Patna)(DB) : Law Finder Doc id # 2891865
