Doctrine Of No Fault Liability | Motor Vehicle Act, 2019 | Absolute Liability | The National TV
- by Aditi-Harshraj
- May 11, 2020 12:58
No-fault liability or absolute liability arises due to accidents over the road. It basically means another party who was involved in the accident has to pay compensation to the victim. He can't sidestep himself from the liabilities by arguing that it was not his negligence or mistake. Whether it was the negligence of the victim or not, the driver or owner of the car will pay compensation to the suffering party. Section 140 to section 144 of the Motor Vehicle Act, 2019 deals with no-fault liability. Section 140 of the Motor Vehicle Act, 2019 states that if a person died or permanently disabled due to the accident then the owner of the vehicle would be equally liable to pay compensation.
A sum of 50,000 shall be paid on the death of any person while 25,000 rupees to those who became permanently disabled. This section is claimant centric as they are not required to prove that the act was done wrongfully or was due to the negligence of the owner or owners of the vehicle.
S. Kaushnum began v. New India Assurance Co. Ltd (2001): In this case, the driver wasn't negligent in causing death but the tribunal decided that the owner was liable for damages and he has to compensate the claimant. Section 141 states that the person shall be liable to pay more compensation if any other provision or scheme applies apart from the motor vehicle act. If the amount of first compensation is more than the second one then the person is liable to pay the amount up to second compensation.
While if the first compensation is equal or more than the amount of second compensation then he will pay the amount of first compensation. Section 142 states that the person will be regarded as permanently disabled if he lost his either eye sights or hearing of either ear or privation of any member or joint. Or destruction or permanent imparting of the power of any member or any injuries in his head or face which can't be recovered. Sec 143 states that the doctrine of no-fault liability shall also apply to any claim for compensation in respect of death or permanent disability under the Workmen Compensation Act While Section 144 explains the overriding effect of this provision.
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