June 24, 2018
Case name: United India Ins. Co. Ltd. v. Kuldip Kaur decided on June 01, 2018
In this recent case, the intrinsic issue that fell for consideration before the High of Punjab & Haryana was whether liability can be imposed under Section 140 of the Motor Vehicles Act, 1988 in case the offending vehicle is unidentified?
While deciding the case, the High Court referred to statutory provisions under Sections 140 and 161 of the Motor Vehicle Act.
Section 140 of the Act provides for liability to pay compensation in certain cases on the principle of no fault and Section 161 provides for special provisions as to compensation in case of hit and run motor accident.
On scrutiny of the aforesaid provisions, the High Court stated that Section 140 of the Act 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 `25,000/- in case of death and `12,500 in case of grievous hurt.
Thus, the High Court held that No Liability can be imposed under Section 140 of the Motor Vehicle Act in case the offending vehicle is unidentified.