Page 120 - The Motor Vehicles Act, 1988

106 THE MOTOR VEHICLES ACT, 1988 SECTION 140

(j) the exemption from the provisions of such laws as relate to customs, police
or health with a view to facilitate such road transport services;
(k) any other matter which is to be, or may be, prescribed.
(3) No rule made under this section shall operate to confer on any person any
immunity in any State from the payment of any tax levied in that State on motor vehicles
or their users.
(4) Nothing in this Act or in any rule made thereunder by a State Government
relating to—
(a) the registration and identification of motor vehicles, or
(b) the requirements as to construction, maintenance and equipment of motor
vehicles, or
(c) the licensing and the qualifications of drivers and conductors of motor
vehicles, shall apply—
(i) to any motor vehicle to which or to any driver of a motor vehicle to
whom any rules made under clause (b) or clause (c) of sub-section (1)
or under sub-section (2) apply; or
(ii) to any conductor of a motor vehicle to whom any rules made under
sub-section (2) apply.
1 [CHAPTER X
LIABILITY WITHOUT FAULT IN CERTAIN CASES
140. Liability to pay compensation in certain cases on the principle of no fault
(1) Where death or permanent disablement of any person has resulted from an accident
arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the
case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation
in respect of such death or disablement in accordance with the provisions of this section.
(2) The amount of compensation which shall be payable under sub-section (1) in respect of
the death of any person shall be a fixed sum of fifty thousand rupees and the amount of
compensation payable under that sub-section in respect of the permanent disablement of any
person shall be a fixed sum of twenty-five thousand rupees.
(3) In any claim for compensation under sub-section (1), the claimant shall not be required
to plead and establish that the death or permanent disablement in respect of which the claim has
been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle
or vehicles concerned or of any other person.
(4) A claim for compensation under sub-section (1) shall not be defeated by reason of any
wrongful act, neglect or default of the person in respect of whose death or permanent disablement
the claim has been made nor shall the quantum of compensation recoverable in respect of such
death or permanent disablement be reduced on the basis of the share of such person in the
responsibility for such death or permanent disablement.
(5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury
to any person, for which the owner of the vehicle is liable to give compensation for relief, he is
also liable to pay compensation under any other law for the time being in force:
1 Chapter X containing sections 140 to 144 omitted by the Motor Vehicles (Amdt.) Act, 2019 (32 of
2019), dt. 9-8-2019, w.e.f. 1-4-2022 vide SO 859(E), dt. 25-2-2022.