from proceeding with their further claims made on
the basis of fault liability in terms of Section 165
thereof.
Subject matter :
The appeals arise ... would appear that the concept of
'no fault liability' is envisaged both under Section 140 of
the Act and Section 163-A thereof
world to make the
liability for damages arising out of motor vehicles
accidents as a liability without fault. In order to meet
the above social ... compensation is awarded without proof of any fault
while for getting compensation on the basis of fault
liability claimant is required to prove wrongful
compensation is awarded without proof
of any fault while for getting compensation on the basis of fault liability the
claimant is required to prove wrongful ... governed by the "fault" or the "no-fault" liability
principle, it is first relevant for us to examine Section
barricaded.
Liability in tort which in course of time has become known
as 'strict liability', 'absolute liability', 'fault
liability ... which it has been caused.
'Strict liability', 'absolute liability', 'fault liability'
and 'neighbour proximity' are all refinements
structural formula for grant of compensation in the nature of no fault liability. He prayed that the appellants be granted compensation as per the special ... think in the direction of introducing a provision for no fault liability.
6. The Division Bench of, Bombay High Court in Marine and General Insurance
concept of absolute liability or strict liability for damages arising out of motor vehicle accidents to a liability without fault. This ... fault liability. The expanding role of social security and social justice envisaged that the liability to pay compensation must be on no fault, liability
Motor Vehicles Act, 1988 whereunder there is a 'no fault liability' for payment of a fixed compensation in case of death ... existing 'fault' liability into a 'fault or no fault' liability because a carrier who transports passengers as part of his business
being strictly barricaded. Liability in tort which in
course of time has become known as ‘strict liability’, ‘absolute
liability’, ‘fault liability’ have all gradually grown ... manner in which it has been caused. ‘Strict liability’,
‘absolute liability’, ‘fault liability’ and ‘neighbour proximity’ are all
refinements and development of law by English
without proving fault and is provided outside the tort system. ... " (emphasis supplied )
22. The authors emphasise that "no-fault" liability ... causing harm, nor with fault or no-fault and is not akin to a theory of absolute liability such as the one in Rylands
refer to their earlier decisions highlighting the need for " no-fault liability." A short passage from one of those decisions ... page 1355) :
" Indeed, the State must seriously consider no-fault liability by legislation. A second aspect which pains us is the inadequacy
