Report No. 85
Liability without Fault
Section 92A (New)
I. Fault as a Condition of Liability
3.1. Peculiar features of accidents by Motor vehicles.-
We propose to consider in this Chapter the question whether liability for injury from accidents caused by motor vehicles should continue to be governed by the traditional doctrine of fault (which is the present law),1 or whether there is need for abrogating or modifying that doctrine. This inquiry becomes desirable in view of certain practical difficulties that have been experienced under the present system.2 While, with the increasing use of motor vehicles, accidents are also on the increase, yet experience shows that proof of the actionable element required to create tortious liability also becomes increasingly difficult in view of the peculiar circumstances of an accident on the road.
1. Canggram v. Kamalabai, AIR 1979 Kam 106.
2. For the present scheme of the Act, see United India v. Union of India, (1979) 1 MI.J 487.