National Insurance Co vs Prembai Patel And Others on 18 April, 2005
In support of this contention, he placed reliance on the case of National Insurance Co. Limited v. Prembai Patel and Ors. II (2005) ACC 361 (SC) : 2005 (60) ALR 159, in para 6 of it, it was held that "in a petition under the Workmen's Compensation Act the injured or the legal heirs of the deceased workmen have not to establish negligence as a pre-condition for award of compensation. But the claim petition before the Motor Accident Claims Tribunal is an action in tort and the injured or the legal representatives of the deceased have to establish by preponderance of evidence that there was no negligence on the part of the injured or deceased and they were not responsible for the accident. The exception to this general rule is given in Section 140 of the Act where the Legislature has specifically made provisions for payment of compensation on the principle of no fault liability".