Motor Vehicle Accident Compensation Post- 2019: Legislative Reform, Judicial Response, And The Quest For Just Compensation
- IJLLR Journal
- Jan 27
- 1 min read
Binoy John, Bharata Mata School of Legal Studies, Aluva
Linto Thomas, Bharata Mata School of Legal Studies, Aluva
Susmitha M, Bharata Mata School of Legal Studies, Aluva
ABSTRACT
The Motor Vehicles (Amendment) Act, 2019 implemented some of the major changes to the motor accident compensation system of India with the aim of promoting the protection of victims, provision of quick relief, and increase in insurance responsibility. The pivotal features of these reforms include the increase of the no-fault liability in Sections 164 and 164B, the establishment of Motor Vehicle Accident Fund, and the establishment of compensation as a socio-justice issue rather than strictly tortious liability. The effectiveness of such reforms in practice, however, should be considered in the context of judicial interpretations of the term just compensation and the continuing discrepancy between the statutory compensation and damages awarded by a court. This paper will critically review the post 2019 compensation regime, judicial trends, and reviews whether the reforms have achieved economic justice and insurance liability. It contends that although the Amendment is a progressive move, structural and implementation problems are still crippling its transformative nature.
Keywords: Motor Accident Compensation; Motor Vehicles (Amendment) Act, 2019; NoFault Liability; Just Compensation; Insurance Liability; Welfare Jurisprudence; Economic Justice.
