Page 121 - The Motor Vehicles Act, 1988

SECTION 141 THE MOTOR VEHICLES ACT, 1988 107

PROVIDED that the amount of such compensation to be given under any other law shall
be reduced from the amount of compensation payable under this section or under section 163A.
COMMENTS

Section 140 provides for liability of the owner of the vehicle to pay compensation in certain
cases on the principle of no fault, where death or permanent disablement of a person has resulted
from an accident arising out of a motor vehicle.—Project Officer District Rural Development Agency
v. Asharaf 2011 (104) AIC 706 (Kerala H.C.)
The crucial date of determining the quantum of compensation to be awarded as “no fault
liability” is the date on which the Tribunal or the court is required to award compensation for “no
fault liability” though the act for which compensation is to be measured has taken place on an
antecedent date.—RSRTC v. Smt. Ogam AIR 1992 Raj 61
The mere fact that such a compensation is not paid on the date of the accident or the
application seeking compensation remains pending till the date of amendment of legislative provision
prescribing enhanced compensation, cannot alter or impose additional liability or create any new
right to demand additional compensation.—Prakash Chandumal Khatri v. Suresh Pahilajiai Mahiza
AIR 1991 Bom 365
Reading ss. 140 and 171 together makes it clear that the Tribunal has discretion to grant
interest while granting interim compensation under “no fault liability”.—KSRTC v. Gowramma 1993
(2) ACC 320
Power to make an order under s. 140 is a special power conferred on the Claims Tribunal
under special law and any order passed by the Tribunal in exercise of that power is not to be
affected in any manner by any provisions of CPC including section 115 of CPC.—Dimple v. Hajjaram
1993 (2) ACC 75
Where from the evidence collected and other material available on record, the Tribunal is
prima facie satisfied that the accident did take place and the vehicle in question was involved, it
shall have jurisdiction to make an interior award, fixing joint and several liability on the insurer
along with the insured.—Dwarika v. Biso AIR 1990 MP 258
Where considering the fact stated in the claim petition itself and the contents of an insurance
policy, a finding could be arrived at that the policy did not cover the risk, in such a case there is no
reason as to why the insurance company should be compelled to pay the amount solely on the
ground that the policy of insurance existed and compel the insurance company to collect later the
money paid from the owner of the vehicle which would throw the insurance companies to
innumerable litigations.—United India Insurance Co. v. Immam A Nadaf AIR 1990 Kar 156
There is no provision for appeal against the interim award.—New India Assurance Co. Ltd.
v. Motor Accidents Claims Tribunal 1993 ACJ 413
Appeal filed against an interim award as passed under s. 140 can be treated as revision—
State of Assam v. Pranesh Debnath 1993 ACJ 422
Owner of the vehicle can be saddled with liability.—Sumitra Devi v. Surendra Singh 1999 AI
HC 408 (Raj.)
141. Provisions as to other right to claim compensation for death or permanent
disablement
(1) The right to claim compensation under section 140 in respect of death or permanent
disablement of any person shall be in addition to any other right, except the right to claim under
the scheme referred to in section 163A such other right (hereafter in this section referred to as the
right on the principle of fault) to claim compensation in respect thereof under any other provision
of this Act or of any other law for the time being in force.
(2) A claim for compensation under section 140 in respect of death or permanent disablement
of any person shall be disposed of as expeditiously as possible and where compensation is claimed
in respect of such death or permanent disablement under section 140 and also in pursuance of
any right on the principle of fault, the claim for compensation under section 140 shall be disposed