Liability to pay compensation in certain cases on the principle of no fault
AI Assist
Summary
Vehicle owner(s) must pay fixed compensation when an accident from vehicle use causes death or permanent disablement: Rs 50,000 for death and Rs 25,000 for permanent disablement. The claimant does not need to prove the owner was negligent. Compensation is not reduced because the victim was partly at fault. Any amount payable under another law is set off against this compensation.
Example
Ravi is struck by a car and dies. His family claims compensation from the car owner and gets Rs 50,000 under this provision without having to prove the owner was negligent. Even if Ravi was partly to blame, the amount is not reduced. If the family later obtains additional damages under another law, that sum will be set off against the Rs 50,000.
Bare Act
Enacted text(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.
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