Motor Vehicles Act, 1988 (59 of 1988) Section 140 – Maruti car was following the truck and no fault can be attributed to the truck driver, the blame must rest on
the driver of the maruti car for having driven his vehicle rashly and negligently – Driver and owner of the maruti car, as well as insurer of that vehicle, had not been impleaded as parties to
the claim petition – Tribunal could have been well advised to invoke Section 140 of the Motor Vehicles Act, 1988, (for short “the Act”) providing for liability of the owner of the vehicle
(subject truck) involved in the accident - It is a well settled position that fastening liability under Section 140 of the Act on the owner of the vehicle is regardless of the fact that the
subject vehicle was not driven rashly and negligently. (S.C.)(2018-3) PUNJAB LAW REPORTER
Motor Vehicles Act, 1988 (59 of 1988) Section 140 - Nothing prevented the insurance company to summon the
owner to ascertain the truth with regard to involvement of the vehicle viz-a-viz the admission the pleadings - Since the appellants have not been able to prove rash and negligent driving of the
driver of the vehicle in question - Appellants shall be entitled to a compensation of Rs.50,000/- along with interest @6% per annum from the date of filing of the claim petition. (2018-1 ) PUNJAB
LAW REPORTER
Motor Vehicles Act, 1988 (59 of 1988) Section 140, 161 – Hit and run accident – Section 140 provides that
where death or permanent disability has occurred on account of accident arising out of the use of motor vehicle etc. the owner of the vehicle shall be liable to pay compensation in respect of
such death or disablement whereas Section 161 deals with a hit and run motor accident i.e an accident arising out of the use of a motor vehicle, the identity whereof cannot be ascertained in
spite of reasonable efforts for the purpose - Section 161 provides for a fixed compensation of Rs. 25,000/- in case of death and Rs. 12,500 in case of grievous hurt – However, the
respondent-claimants having lost a family member cannot be deprived of compensation provided under Section 161 of the Act and the Solatium Scheme, 1989 framed thereunder.(2018-3) PUNJAB LAW REPORTER
Motor Vehicles Act, 1988 (59 of 1988) Section 140, 166 – As claim petition under Section 166 of the Act, for the appellants having failed to substantiate the
factum of rash and negligent driving by the driver of the subject truck, the appellants must succeed in this appeal to the limited extent of relief under Section 140 of the Act - We have no
hesitation in moulding the relief on that basis – Rs. 50,000/- awarded with 9% interest from the date of filing of claim petition till realization.(S.C.)(2018-3) PUNJAB LAW REPORTER
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