CLX-RAJ-HC-2014-000019
Jodharam - Appellant Versus Suresh Kumar and others - Respondent
Rajasthan High Court · Rajasthan · 26 November 2014
AllowedCore ratio / Key holding
The compensation payable under Section 140 of the Motor Vehicles Act, 1988, is based on the principle of 'no fault' and is regardless of any wrongful act, neglect, or default of the injured person; therefore, a Tribunal is patently in error in directing the refund of 'no fault compensation' already paid to the claimant.
Headnote
Motor Vehicles Act, 1988 — S.140 — No Fault Liability — Interim Compensation — Recovery
Ratio decidendi
- The compensation payable under Section 140 of the Motor Vehicles Act, 1988, is based on the principle of 'no fault' and is regardless of any wrongful act, neglect, or default of the injured person; therefore, a Tribunal is patently in error in directing the refund of 'no fault compensation' already paid to the claimant.
Important points
- Set Aside: Tribunal's direction for recovery of interim compensation under Section 140 of Motor Vehicles Act from claimant.
Keywords
No Fault LiabilityInterim CompensationRecoveryMotor Vehicles Act S.140
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