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Report No. 85

5.3. Removal of limit under section 95(2) suggested by Supreme Court.-

It may be mentioned that some three years back, the Supreme Court of India also made a suggestion for removal of the present limit of liability.1 After referring to the element of discrimination found in section 95, the Supreme Court observed:-

"Such an invidious distinction is absolutely shocking to any judicial or social conscience and yet section 95(2)(d) of the Motor Vehicles Act seems to suggest such a distinction. We hope and trust that our law-makers will give serious attention to this aspect of the matter and remove this serious lacuna in section 95(2)(d) of the Motor Vehicles Act. We would also like to suggest that instead of limiting the liability of the Insurance Companies to a specified sum of money as representing the value of human life, the amount should be left to be determined by a Court in the special circumstances of each case. We further hope our suggestions will be duly implemented and the observations of the highest court of the country do not become a mere pious wish.

1. Manjushri v. B.L. Gupta, AIR 1977 SC 1858 (1863), para. 10.



Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back




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