Synopsis

The appellant (MSRTC) challenged an award of Rs.2,50,000 with 9% interest passed by the Motor Accident Claims Tribunal under Section 164 of the Motor Vehicles Act, 1988, in favour of a 24‑year‑old labourer who suffered grievous hurt (fracture of D‑12 vertebra with 20% permanent disability) in a collision between his motorcycle and an ST bus owned by the appellant. The High Court dismissed the appeal, holding that: (i) under Section 164, the claimant is not required to plead or prove any negligence on the part of the driver or owner; (ii) the only requirement is that the accident occurred, which was proved through FIR, spot panchanama, injury certificate, and discharge card; (iii) the compensation of Rs.2,50,000 for grievous hurt is the statutory cap and cannot be reduced; (iv) the decision under Section 163‑A (predecessor) applies equally to Section 164, and the insurer cannot raise the defence of contributory negligence.

1. Heading of the judgment

High court of judicature at bombay civil appellate jurisdiction

First appeal no. 1431 of 2025

Maharashtra state road transport corporation thr. divisional controller, raigad (appellant) vs. Chandrakant ravji dore (respondent)

Coram: hon’ble smt. justice aarti sathe

Core Law: Motor Vehicles Act, 1988 – Section 164 (no‑fault liability for death or grievous hurt) – Compensation under structured formula – No requirement to prove negligence.

Court: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)
Coram: Hon’ble Smt. Justice Aarti Sathe (Single Judge)
Date of Judgment: June 9, 2026
Case No.: First Appeal No. 1431 of 2025

2. Legal framework

Major laws and provisions involved:

• Motor Vehicles Act, 1988 – Section 164 (payment of compensation in case of death or grievous hurt – no‑fault liability), Section 163‑A (old provision, now substituted), Section 140 (old no‑fault liability)

• Motor Vehicles (Amendment) Act, 2019 – substitution of Section 164 w.e.f. 1st April 2022

Subject matter of the judgment:

Whether a claim for compensation under Section 164 of the Motor Vehicles Act, 1988 requires the claimant to prove negligence on the part of the driver or owner of the offending vehicle, and whether the statutory amount of Rs.2,50,000 for grievous hurt can be reduced on grounds of contributory negligence or insufficient proof of the nature of injuries.

Key legal principles applied:

• Section 164 – no requirement to prove negligence: Sub-section (2) of Section 164 explicitly provides that the claimant shall not be required to plead or establish that the death or grievous hurt was due to any wrongful act, neglect, or default of

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