1 2026:CGHC:27176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5019 of 2022 1 - Bugala Bai Kurre W/o Late Shri Bhuneshwar Kurre Aged About 55 Years Residence Of Village - Dhourabhata Tahsil - Palari P.S. Kasdol District - Baloda Bazar - Bhatapara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Baloda Bazar- Bhatapara, District - Baloda Bazar - Bhatapara, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Arvind Sinha, Advocate. For Respondent(s) : Shri Soumitra Kesharwani, PL. SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 02/07/2026 1. Instant Writ Petition has been preferred against the order dated 06.06.2022 (Annexure P/1) which has been passed by the State/respondents authorities for grant of compensation in respect of petitioner regarding hit and run case. The said order is challenged to the extent that the amount of Rs.25,000/- as proposed for compensation by the respondent authorities is inadequate, as the same ought to be Rs.2,00,000/- in view of the notification dated 25.02.2022 issued by the Ministry of Road Transport and Highways. 2. Gist of the facts are that on 08.03.2020, husband of petitioner died due to accident done by an unknown vehicle at village Padkidih. After his death, the petitioner who is the legal successor of the deceased, has submitted an AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.06 10:57:23 +0530 2 application before the respondent in prescribed format and claimed to pay the compensation in light of the scheme of the government. When no action has been taken in the claim case of petitioner, she submitted application on 23.11.2021 before the respondent in Jandarshan Progam and requested to decide the claim of petitioner and the petitioner has further submitted reminder on 24.01.2022 before the respondent. After submitting the application in prescribed format, the respondent authority drawn the order sheet and send proposal towards the concerning SDO(R) and the Tahsildar Suhela and after receiving the proposal from the said subordinate officials, passed the order on 06.06.2022 and pay the compensation of Rs. 25,000/- in favour of petitioner, while passing the impugned order the respondent authority has ignored fact that the Central Government, Ministry of Road Transport and Highways vide its notification dated 25.02.2022 has increased the compensation for death in hit and run cases from Rs. 25,000/- to 02,00,000/- and same shall be effected from 1st April 2022 but while issuing the impugned order, the respondent authority have paid the lesser compensation in favour of petitioner. 3. Learned counsel for the petitioner submits that the accident occurred on 08.03.2020 and the petitioner thereafter applied for grant of compensation for hit and run cases before the respondent authorities, which remained pending till june, 2022 and in the meanwhile, vide notification dated 25.02.2022, Central Government amended the scheme and increased the compensation from 25,000/- to Rs.2,00,000/- which came in effect from 01.04.2022. Since, provision for compensation of Rs.2,00,000/- came into effect on 01.04.2022 and the order for grant of compensation in the present matter was passed on 3 06.06.2022, thus, petitioner was entitled for Rs.2,00,000/- as compensation instead of Rs.25,000/-. 4. Learned State counsel submits that admittedly the amended scheme for grant of compensation amounting to the tune of Rs.2,00,000/- came into effect from 01.04.2022 and it is also evident that application for grant of compensation of the petitioner was decided on 06.06.2022, however, what needs to be taken into consideration is the date of accident i.e. 08.03.2020 as on the said date, the amended scheme for grant of compensation of Rs.2,00,000/- was not in force, as such, petitioner cannot be given the benefit of the said scheme. 5. Heard learned counsel for the parties and perused the material available with the petition. 6. The undisputed facts reveal that the accident resulting in the death of the petitioner's husband occurred on 08.03.2020. On the said date, the scheme governing compensation in hit-and-run motor accident cases provided for payment of compensation of Rs.25,000/- in cases of death. Though the Central Government, Ministry of Road Transport and Highways, by Notification dated 25.02.2022 enhanced the compensation amount from Rs.25,000/- to Rs.2,00,000/-, the said notification specifically came into force with effect from 01.04.2022. There is no submission by the parties to indicate that it was intended to operate retrospectively or that it would govern claims arising out of accidents which had occurred prior to its enforcement. The right to receive compensation under the scheme crystallizes on the date of the accident, and the quantum payable is required to be determined in accordance with the scheme prevailing on that date. Mere pendency of the 4 petitioner's application or delay in its disposal by the authorities would not confer a right to claim the enhanced compensation introduced subsequently. Therefore, the respondent authorities committed no illegality in awarding compensation in accordance with the scheme applicable on the date of the accident. 7. In view of the aforesaid, this Court finds no infirmity or illegality in the impugned order dated 06.06.2022 warranting interference in exercise of writ jurisdiction under Article 226 of the Constitution of India. The petitioner is not entitled to the enhanced compensation of Rs.2,00,000/- under the Notification dated 25.02.2022, as the same is prospective in operation and cannot be applied to an accident that occurred on 08.03.2020. Consequently, the writ petition, being devoid of merit, is hereby dismissed. Sd/- (Amitendra Kishore Prasad) Judge Avinash