which must be based on pre-existing right and liability, like tortious liability of the concerned tort-feasor who might have caused the accident ... becomes obvious that when the Claims Tribunal has to decide tortious liability of the tortfeasor, viz., driver of the motor vehicle who might have caused
borne in mind that the concept of tortious liability has undergone a change because the same has been interlinked with failure of performance of common ... with a change of concept of duty to concept of tortious liability has undergone a change. In this context, we may refer to the decision
which must be based on pre-existing right and liability, like tortious liability of the concerned tort-feasor who might have caused the accident ... becomes obvious that when the Claims Tribunal has to decide tortious liability of the tort-feasor, viz., driver of the motor vehicle who might have
borne in mind that the concept of tortious liability has undergone a change because the same has been interlinked with failure of performance of common ... with a change of concept of duty to concept of tortious liability has undergone a change. In this context, we may refer to the decision
jurisdiction exercisable by civil court ordinarily to enforce claims founded on tortious liability and the Tribunal is, therefore, possessed of inherent jurisdiction like a civil ... forum's jurisdiction (albeit with respect to cases of tortious liability arising from a motor accident only) is obviously plenary like a civil court
that the act was likely to cause death, hence, for the tortious liability arising from the same, suit for damage could be filed before ... developing law. The concept of 'strict liability', 'absolute liability' and 'fault liability', gives rise to action in tort
proviso to Section 95(1) of the Act and hence the tortious liability of the owner towards him must be covered by the insurance policy
liable to be dismissed. It was also submitted that relating to tortious liability in cases of motor accidents, the Claims Tribunal has been conferred with
dealing with the action instituted at its forum in regard to tortious liability of the owner and driver and the statutory or contractual liability
premium which ultimately passes on to public, discharge their tortious liability by making such payments and, therefore, while assessing the compensation it should always ... respite, but the same is paid to them while discharging the tortious liability.
32. As a result
