Saturday, April 14, 2012

Whether the claimant is entitled to no fault compensation under section 140 of Motor Vehicles Act though the claim was not made at the initial stage?

Whether the claimant is entitled to no fault compensation under section 140 of Motor Vehicles Act though the claim was not made at the initial stage of the proceedings?

Eshwarappa @ Maheswarappa and Anr vs C.S. Gurushanthappa and anr (2010) 8 MLJ 802 SC

Held: The provisions of Chapter X together with Sections 146 and 147 would appear to be furtherance of the public policy that in case of death or permanent disablement of any person resulting from a motor accident, a minimum amount must be paid to the heirs of the deceased, as the case may be, without questions being asked and independently of the compensation on the principle of fault.

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