CHAPTER X
LIABILITY WITHOUT FAULT IN CERTAIN CASES
140. Liability to pay compensation in certain cases on the principle of no fault. –
(1) Where death or permanent disablement of any person has resulted from an accident
arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicles shall,
or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay
compensation in respect of such death or disablement in accordance with the provisions of this
section.
(2) The amount of compensation which shall be payable under sub- section (1) in respect of the
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death of any person shall be a fixed sum of [fifty thousand rupees] and the amount of
compensation payable under that sub-section in respect of the permanent disablement of any
86
person shall be a fixed sum of [twenty – five thousand rupees].
(3) In any claim for compensation under sub-section (1), the claimant shall not be required to
plead and establish that the death or permanent disablement in respect of which the claim
has been made was due to any wrongful act, neglect or default of the owner or owners of the
vehicle or vehicles concerned or of any other person.
(4) A claim for compensation under sub-section (1) shall not be defeated by reason of
any wrongful act, neglect or default of the person in respect of whose death or permanent
disablement the claim has been made nor shall the quantum of compensation recoverable in
respect of such death or permanent disablement be reduced on the basis of the share of such
person in the responsibility for such death or permanent disablement.
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(5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to
any person, for which the owner of the vehicle is liable to give compensation for relief, he is
also liable to pay compensation
under any other law for the time being in force :
Provided that the amount of such compensation to be given under any other law shall be reduced
from the amount of compensation payable under this section or under section 163– A].
Corresponding Law. - Section 140 corresponds to section 92 – A of the Motor Vehicles Act,
1939.
Objects and Reasons. – Clause 140 provides for liability to pay compensation in certain
cases on the principle of no fault.
1
LIABILITY WITHOUT FAULT IN CERTAIN CASES
140. Liability to pay compensation in certain cases on the principle of no fault. –
(1) Where death or permanent disablement of any person has resulted from an accident
arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicles shall,
or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay
compensation in respect of such death or disablement in accordance with the provisions of this
section.
(2) The amount of compensation which shall be payable under sub- section (1) in respect of the
85
death of any person shall be a fixed sum of [fifty thousand rupees] and the amount of
compensation payable under that sub-section in respect of the permanent disablement of any
86
person shall be a fixed sum of [twenty – five thousand rupees].
(3) In any claim for compensation under sub-section (1), the claimant shall not be required to
plead and establish that the death or permanent disablement in respect of which the claim
has been made was due to any wrongful act, neglect or default of the owner or owners of the
vehicle or vehicles concerned or of any other person.
(4) A claim for compensation under sub-section (1) shall not be defeated by reason of
any wrongful act, neglect or default of the person in respect of whose death or permanent
disablement the claim has been made nor shall the quantum of compensation recoverable in
respect of such death or permanent disablement be reduced on the basis of the share of such
person in the responsibility for such death or permanent disablement.
87
(5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to
any person, for which the owner of the vehicle is liable to give compensation for relief, he is
also liable to pay compensation
under any other law for the time being in force :
Provided that the amount of such compensation to be given under any other law shall be reduced
from the amount of compensation payable under this section or under section 163– A].
Corresponding Law. - Section 140 corresponds to section 92 – A of the Motor Vehicles Act,
1939.
Objects and Reasons. – Clause 140 provides for liability to pay compensation in certain
cases on the principle of no fault.
1
