Section 164: Payment of compensation in case of death or grievous hurt, etc

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 164

Section 164 of the Motor Vehicles Act, 1988 (substituted by the 2019 Amendment) establishes a definitive strict liability regime awarding fixed statutory compensation of Rs. 5,00,000 for death and Rs. 2,50,000 for grievous hurt without requiring proof of negligence.

  • Core Legal Standard: Section 164 consolidates and replaces the pre-amendment structured formula regime (former Section 163A) and no-fault liability (former Section 140).
  • Sub-Section (1) Provision: Sub-section (1) provides that notwithstanding anything contained in this Act or any other law, the owner of the motor vehicle or the authorized insurer shall be liable to pay compensation of five lakh rupees in case of death, or two and a half lakh rupees in case of grievous hurt.

Sub-section (2) explicitly removes the burden of proof: the claimant is not required to plead or establish that the death or grievous hurt was due to any wrongful act, neglect, or default of the owner or driver of the vehicle. Under sub-section (3), if a claimant elects to receive compensation under Section 164, they are barred from claiming compensation under any other provision of the Act for that accident.

Key Landmark Precedents:
  • Deepal Girishbhai Soni v. United India Insurance Co. Ltd. (2004) 5 SCC 385: A Three-Judge Bench held that remedy under structured no-fault provisions is a final and comprehensive remedy; a claimant cannot pursue both no-fault compensation and fault-based compensation under Section 166 simultaneously.
  • Oriental Insurance Co. Ltd. v. Hansrajbhai V. Kodala (2001) 5 SCC 175: Held that statutory compensation under structured formula mechanisms provides quick final relief to victims without the delays inherent in establishing tortious negligence.
  • Ram Murti v. Punjab State Electricity Board (2022) 13 SCC 503: Reaffirmed that Section 164 is a beneficial social welfare enactment; the fixed compensation of Rs. 5 lakh for death is an absolute statutory entitlement enforceable without proving driver fault.
Legal Commentary:

Section 164 provides a vital alternative for claimants where proof of negligence is difficult or where the victim was contributorily negligent. Under Section 164, the defense of contributory negligence is legally unavailable to the insurer. Claimants face a strategic election: they can accept the fixed statutory sum under Section 164 swiftly, or pursue full assessment of loss of dependency under Section 166.