Motor Vehicles Act 10 Liability Without Fault in Certain Cases

A 'Bare act' is the actual legislation passed by the Parliament of India. Generally, an act sets out the high level legal and policy principles applicable to the subject matter of the law.

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The Motor Vehicles Act, 1988

Chapter X – Liability Without Fault in Certain Cases

Section 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 vehicle 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 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 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.
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 163A.

Section 141 – Provisions as to other right to claim compensation for death or permanent disablement

1. The right to claim compensation under section 140 in respect of death or permanent disablement of any person shall be in addition to any other right, except the right to claim under the scheme referred to in section 163A (such other right hereafter in this section referred to as the right on the principle of fault) to claim compensation in respect thereof under any other provision of this Act or of any other law for the time being in force.
2. A claim for compensation under section 140 in respect of death or permanent disablement of any person shall be disposed of as expeditiously as possible and where compensation is claimed in respect of such death or permanent disablement under section 140 and also in pursuance of any right on the principle of fault, the claim for compensation under section 140 shall be disposed of as aforesaid in the first place.
3. Notwithstanding anything contained in sub – section (1), where in respect of the death or permanent disablement of any person, the person liable to pay compensation under section 140 is also liable to pay compensation in accordance with the right on the principle of fault, the person so liable shall pay the first – mentioned compensation and –
   1. if the amount of the first – mentioned compensation is less than the amount of the second – mentioned compensation, he shall be liable to pay (in addition to the first – mentioned compensation) only so much of the second – mentioned compensation as is equal to the amount by which it exceeds the first mentioned compensation;
   2. if the amount of the first – mentioned compensation is equal to or more than the amount of the second – mentioned compensation, he shall not be liable to pay the second – mentioned compensation.

Section 142 – Permanent disablement

For the purposes of this Chapter, permanent disablement of a person shall be deemed to have resulted from an accident of the nature referred to in sub – section (1) of section 140 if such person has suffered by reason of the accident, any injury or injuries involving –

1. permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or
2. destruction or permanent impairing of the powers of any member or joint; or
3. permanent disfiguration of the head or face.

Section 143 – Applicability of Chapter to certain claims under Act 8 of 1923

The provisions of this Chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the Workmen’s Compensation Act, 1923 (8 of 1923) resulting from an accident of the nature referred to in sub – section (1) of section 140 and for this purpose, the said provisions shall, with necessary modifications, be deemed to form part of that Act.

Section 144 – Overriding effect

The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Act or of any other law for the time being in force.

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