Provisions as to other right to claim compensation for death or permanent disablement
AI Assist
Summary
No-fault compensation is in addition to any fault-based claim, except for claims under the separate statutory scheme mentioned elsewhere. When both a no-fault claim and a fault-based claim are made, the no-fault claim must be decided first and as quickly as possible. If the no-fault award is less than the fault-based award, the payer must make up only the difference; if it is equal or more, no further payment is required.
Example
Priya’s husband is killed in a road accident. She claims no-fault compensation under section 140 and also pursues a fault-based claim. The no-fault claim will be decided first; if that award is smaller than the fault-based award, the defendant pays only the excess. If it is equal or larger, no additional amount is payable.
Bare Act
Enacted text(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—
-
(a) 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;
-
(b) 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.
Previous year papers
Pick your exam. we'll email the most recent paper.