negligence is n ot the sole basis for award o f compensation under the M o tor Vehicles Act, 1 9 88 (for short, ‘the Act’) 14. Se c tion 140 of the Act provide s that where death or perma n ent disablement res u lts from an accident arising o u t of the use of a motor vehicle, the owner of the v e hicle is liable to pay compens a tion on a no-fault basis. The f irst question that ar i ses is whether the claim petitio n itself is maintainable. The ans w er is clearly in the affirmative. A claim petitio n under Section 166 of the Ac t is ordinarily base d on fault liability and requires proof of negligence. Howeve r , in addition to fau l t liability, the Act creates a s p ecial right of compensation u n der Section 140 on the principle of no-fault liability. Thus, even if negligence is not proved, the cl a im petition remains maintaina b le under Section 140. Once i t is established that the accident arose out of the us e of a motor vehicle and resulte d in permanent disa b lement, the claimant is entitled to statutory compensation u n der Section 140, i rrespective of negligence. T h e Tribunal, therefore, erred in dismissing the c laim outrighly. 15. Th e Hon’ble Supreme Court in Kaushnuma Begum v. New India Assurance Co. Ltd., (2001) 2 SCC 9 has held t h at once involvement of the veh i cle is proved, liab i lity under Section 140 of the Act, arises. Similarly, in Gujarat SRTC v. Ramanbhai Prabhatbhai, (1987) 3 SCC 234 , it was held that the ob j ect of Section 140 o f the Act is to provide immedia t e succour to the victims. 16. In view of the above, the claim petition filed by the claiman t is maintainable. It is not in dispute that the a ccident took place involving b us No.HR-45-066 6 and that the claimant Ram K umar suffered injuries in the s aid accident. Even if negligence of the bus driver i s not established, Section 140 o f the Act provides f or liability to pay compensa t ion on the principle of no-f a ult. TRIPTI SAINI 2025.08.20 10:56 I attest to the accuracy and integrity of this document
