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Liability Without Fault

Extracts from this document...

Introduction

´╗┐Liability Without Fault (Sections 140 ? 144) Submitted to: Submitted by: Ms. Harman Shergill Yashika Sharma 9th Semester Section - B 109/08 Table of Contents Table of Cases Introduction Necessity of the principle Section 140 Requirements of this section: Scope and Applicability of the Section. Filing of a petition under Section 166 is not a condition precedent for grant of interim compensation. Permanent Disablement. No fault liability is cast on owner and not directly on insurer. Liability of insurer. Quantum of Compensation. Scope of enquiry. Negligence of owner or driver need not be proved. Section 141 Section 142 Section 143 Section 144 Bibliography Table of Cases Babban Tiwari v. Usha Ranjan Chakraborty Bishan Devi v. Siraksh Singh Baatchigari Subba Rao v. A. Amarnath Concord of India Insurance Co. Ltd. v. Nirmala Devi Dorakonda Venkatrama Seeshachalapathi v.Vijaywada Coop. Central Bank Gujarat State Road Transport Corporation, Ahemdabad v. Ramanbhai Prabhatbhai Hans Raj v. Charanjit Jawa Himachal Road Transport Corporation v. Garji Devi Jharkhand State Mineral Development Corporation Ltd. v. Aiysa Bibi K. Nanda Kumar v. Managing Director , Thantal Periyar Transport Corporation Lakhan Singh Niranjan v. Ramkesh Mahendra Prasad Mishra v. Mohd. Sabbir Mahila Ramdevi v. Nand Kumar Manjusri Raha v. B.L. Gupta Mohemmed v. Devassia Motor Owners? Vehicles Co. Ltd. v. Jadavji Keshavi Modi M/s Oriental Insurance Co. Ltd. v. Surja Ram Nabeesa v. M.A.C.T National Insurance Co. Ltd v. Jethu Ram National Insurance Co. Ltd v. Sasilatha New India Assurance Company Limited v. Tumu Gureva Reddy Payelbhen Jayeshbhai Yagnik v. Jayeshbhai J. Yagnik Rajasthan State Road Transport Corporation v. Ram Kumar Ram Kisho Mishra v. Brij Sharma Shivaji Dayanu Patil v. Smt. Vatschala Uttam More Sodhi v. Chander Vikas United India Insurance Co. Ltd. v. Maganlal Hirabhai Patil United India Insurance Co. Ltd. v. Suggu Venkata Raju Waman v. M.P. Section R.T.C Introduction The question of moving from ?fault liability? to ?no fault liability? has assumed a great necessity and is the need of the hour. ...read more.

Middle

In the case of New India Assurance Company Limited v. Tumu Gureva Reddy a landmark judgment was given by the tribunal which held that in a claim under Section 140, the following facts have to be proved[14]: That a vehicle was involved in the accident. That the victim received injuries in the accident causing his death or a permanent disability. That the vehicle was insured with the insurance company under Chapter XI of the Act. That the claim was made against the owner or the driver of the vehicle including the insurance company with whom the policy was obtained and that the policy was in operation on the date of the accident. A tanker filled with motor spirit, toppled and fell in a land adjacent to the road and the driver ran away from the scene leaving the tanker unattended, in a highly dangerous position. The passers-by were ignorant of what had happened there and the injured claimants as also the deceased went to the spot to know as to what was happening there and suddenly there was fire in the tanker due to its bursting and the entire area was engulfed in fire and about 70 persons died and 35 persons sustained injuries. It was held that owing to the wide meaning of the term ?arising out of the use of vehicle?[15], the accident in the present case could be said to have arisen out of the use of motor vehicle. III. Filing of a petition under Section 166 is not a condition precedent for grant of interim compensation: Filing of petition under Section 166 for compensation is not a condition precedent for making an application under this section based on ?no-fault liability?. The dismissal of a petition for compensation under Section 166 on the ground of limitation only cannot stop operation of Section 140 which is based on ?no-fault liability?[16]. Chapter X of the Act is an independent provision and the tribunal is bound to decide the claim application filed under Section ...read more.

Conclusion

25,000[41]. Where evidence discloses that the left ring finger of the appellant was permanently disabled and his little finger suffered partial disability. It is a case of permanent disability under this section and compensation of Rs. 7,500 is awarded with interest[42]. 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 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 143 lays down that the provisions of this section shall also apply in relation to any claims under Workmen?s Compensation Act. Where the employer only comes under the Workmen?s Compensation Act, there is no liability under this act. The Workmen?s Compensation Commissioner could pass an award against the insurer to the extent of no fault liability. Chapter X of the Act is an independent provision and the tribunal is bound to decide the claim application filed under Section 140 of the act for grant of interim compensation not withstanding the claimant having filed any other application under Section 166 or under any other provisions of the Act and the legislature have made it clear under the said section[43]. 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. This section provides for overriding effect of this Chapter over any other provisions of this Act or any other law for the time being in force. The legislative intention manifested through Section 144 of the new Act is that the provision in Chapter X should get predominance over all other laws. ...read more.

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