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Report No. 85

3.27. View of Supreme Court.-

According to the Supreme Court1:-

"The owner's liability arises out of his failure to discharge a duty cast on him by law. The right to receive compensation can only be against a person who is bound to compensate due to the failure to perform a legal obligation. If a person is not liable legally he is under no duty to compensate anyone else. The Claims Tribunal is a Tribunal constituted by the State Government for expeditious disposal of the motor claims. The general law applicable is only common law and the law of torts. If, under the law, a person becomes legally liable, then the person suffering the injuries is entitled to be compensated and the Tribunal is authorised to determine the amount of compensation which appears to be just. The plea that the Claims Tribunal is entitled to award compensation which appears to be just when it is satisfied on proof of injury to a third party arising out of the use of a vehicle on a public place without proof of negligence, if accepted, would lead to strange results."

1. Minu B. Mehta v. Balkrishna Ramchandra Nayan, AIR 1977 SC 1248 (1257, 1259): (1977) 2 SCR 886.



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




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