Hari Singh & Ors. - Appellant Versus Pangrudin & Ors. - Respondent

Core ratio / Key holding

Headnote

Motor Vehicles Act, 1988 — Section 140 — No Fault Liability — Entitlement to compensation despite deceased's negligence.

Issues for determination

• Whether the claimants are entitled to compensation under 'No Fault Liability' under Section 140 of the Motor Vehicles Act, 1988, despite the deceased being found negligent.

Ratio decidendi

• Claimants are entitled to compensation of Rs. 50,000/- under the principle of 'No Fault Liability' under Section 140 of the Motor Vehicles Act, 1988, for the death of the deceased, where the involvement of the offending vehicle is undisputed, even if the deceased was found negligent.

Important points

• Held, claimants are entitled to Rs. 50,000/- compensation under Section 140 of the Motor Vehicles Act, 1988, on 'No Fault Liability' principle, despite deceased's negligence, as vehicle involvement was undisputed.

Keywords