compensation on the principle of fault under Section 168 of the Act, but also for no fault liability under Section 140 of the Act. Thus ... case arising under principle of fault and not a case under no fault liability. The learned Counsel also relied on the decision of the Division
transport itself is largely by State Undertakings, the principle of no fault liability and on the spot settlement of claims should become national policy ... this case, claim in the applications rested on no fault liability and fault liability, therefore, the Apex Court rightly said that claim under Section
nuisance and not even shrinking from rationalizing vicarious liability as a liability for fault." No liability without fault" became the banner ... spreading mosaic of negligence and no-fault, perhaps an eventual replacement of all fault-based tort liability by a comprehensive compensation system for all accidents
Section92-A of the Motor Vehicles Act, 1939 provided no fault liability. It was incorporated by Act 47 of 1982 which came into effect ... into effect; unless such a claim is made, compensation towards no fault liability under Section 92-A cannot be granted and so they suggest that
make "provision for enhanced
compensation in cases of 'no fault liability' and in 'hit and run' motor accidents ... Section 140 of the 1988 Act, which raised the no
fault liability from Rs.15,000/- as was provided for in Section
this decision is also under challenge.
2. The concept of no-fault liability was introduced for the first time in the Statute ... came into force on 1st July, 1989, provision regarding 'no-fault liability' was incorporated in Section 140. The amount of compensation was enhanced
urged that the provision of 'no fault liability' in the nature of limited immediate humanitarian interim relief to a victim of accident ... proof of any fault or negligence in contrast to Section 166 providing for getting compensation on the basis of fault liability where the claimant
compensation is awarded without proof of any fault while for getting compensation on the basis of fault liability claimant is required to prove wrongful ... paid on the principle of no fault. Section 163-A is, therefore, the provision based on no fault liability and not on tortious liability
that was based on the principles of no-fault liability and no any negligence on the part of the driver or any other person ... compensation is awarded without proof of any fault while for getting compensation on the basis of fault liability claimant is required to prove wrongful
fault, under Section 140, which merges, in terms of Section 141, in the final award to be made on the basis of 'fault liability ... principle of no-fault, which merges in the final award to be made on the basis of 'fault liability' in accordance with Section
