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with their further claims made on
the basis of fault liability in terms of Section 165
thereof.
Subject matter ... would appear that the concept of
'no fault liability' is envisaged both under Section 140 of
the Act and Section
Supreme Court of India
determination of the compensation on the
principle of fault liability, after following the procedure
prescribed under the Act?
For convenience ... divided as
under: -
(i) Section 140For no-fault liability in case of death
or disablement;
(ii) Section 161In case
Supreme Court of India
incorporate in it the principle of "no
fault liability" in road accidents. (Concord Insurance Company Vs. Nirmla Devi ... vehicle. The
principle of "no fault liability" is not a novel. One is familiar with the consept
of absolute liability
Law Commission Report
report is, however, confined to provisions relating
to 'no fault liability' and the liabilities incurred by
insurers, owners and users ... CONTENTS
PAGE
CHAPTER I INTRODUCTION I·6
CHAPTER 2 NO FAULT LIABILITY 7-I5
CHAPTER 3 COMPULSORY INSURANCE COVER
Law Commission Report
owners and
insurers to pay compensation for no fault liability.
2. In the former two cases, the labourers who were ... compelled to pay compensation arising out
of no fault liability.
5. We find that several High Courts, except the Karnataka
Madhya Pradesh High Court
time has become known
as 'strict liability', 'absolute liability', 'fault
liability' have all gradually grown and with passage of time ... increased dangers to
others"(Rylands v. Fletcher') and 'fault liability' are
different forms which give rise to action in torts
Supreme Court of India
provisions contained therein and held
that no fault liability is a new liability created by the statute
outside ... extent provided under Section 140 for no
fault liability and determination of compensation amount on fault
liability was taking
Kerala High Court
their earlier decisions highlighting the need for " no-fault
liability." A short passage from one of those decisions ... page 1355) :
" Indeed, the State must seriously consider no-fault liability by
legislation. A second aspect which pains
Madhya Pradesh High Court
urged for the claimants as under:
No fault liability is provided in case of death or permanent
disablement under Section ... insurer can
be directed to pay compensation for no fault liability still when it
is ultimately held that there
Andhra High Court
claimed and awarded only on proof of fault. No fault liability existed
before the amendment only to the extent provided ... substitution
of compensation on the principle of fault liability. The Supreme Court
held that the provisions under Section
Karnataka High Court
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