LIABILITY WITHOUT FAULT IN CERTAIN CASES

Liability to pay compensation in certain cases on principle of Fault.

In the case where due to accident as a result death or permanent disability occurs due to use of motor vehicle or motor vehicles, then as per the case owner of the vehicle shall be jointly or severally, be liable to pay compensation in respect of such death or disability in accordance with provision of section.

According to sub-section (1) in respect of the death of any person the amount of compensation shall be fixed sum of fifty thousand rupees and the amount compensation payable in respect of permanent disability to any person shall be fixed to twenty-five thousand rupees. Sub section (1) – in any claim for compensation, the claimant shall not be required to plead or establish that the death or permanent disability in respect of which claim has been made was due to wrongful act, neglect or default of the owner of the vehicles concerned or of any other person.

Sub section (1) tells that the claim for compensation shall not be defeated by reason of any wrongful act, neglect or default of person in respect of whose death or permanent disability has been claimed or shall the responsibility of quantum of compensation recoverable in respect of death or permanent disability be reduced on the basis of share of such person. Notwithstanding anything contained in sub-section (2) owner of the vehicle is liable to give compensation for relief regarding death pr bodily injury to any person. He is also liable to pay compensation under any other law for the time being in force, provided that under this section or under section 163A the amount of such compensation to given under other law shall be reduced from the amount of compensation payable.

Provisions as to other right to claim compensation for death or permanent disability.

Section 140 the right to claim compensation in respect to death and permanent disability to any person shall be in addition to any other right, except the right to claim under scheme referred in section 163A (principle of fault – such other rights in this section) under any other provision of this act to claim compensation. Under section 140 claim for compensation in respect of death and permanent disability to any person shall be disposed off as early as possible and the case where of any compensation is claimed in respect of death and permanent disability under section 140 and also under pursuance of any right on principle of fault, the claim or compensation under section 140 shall be disposed of at first.

Notwithstanding anything contained in Sub-section (1), the person liable to pay compensation under section 140is also liable to pay compensation to be paid in accordance to principle of fault, the person so liable shall pay first mentioned compensation and if first mentioned compensation amount is less than the second mentioned amount of compensation then he shall be liable to pay only so much of second mentioned amount of compensation that is equal to amount by which it exceeds the first mentioned compensation, he shall not be liable to pay compensation if the amount of first mentioned compensation is equal to or more than amount of second mentioned compensation.

Permanent disablement

The nature referred to in sub-section (1) of section 140 permanent disability of person shall be deemed to have resulted from an accident. If such person has suffered by reason of accident, any injury or injuries involving-

  • Permanent privation of sight of either eye or the hearing of either ear, or privation of any member or joint; or
  • Permanent impairing or destruction of powers of any member or joint: or
  • Permanent disfiguration of the head or face.

 Applicability of chapter to certain claims under act 8 of 1923.

Provisions of chapter shall also apply on the relation to any claim to compensate in respect of death or permanent disability to any person under the Workmen’s Compensation Act 1923 resulted from an accident of nature referred to sub-section (1) of section 140 and for this purpose said provision shall, be deemed to form part of this act with necessary modification.

Under the provision of the chapter shall have effect notwithstanding anything contained in any provision of this act or of any other law for time being in force.

 

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