my project is a research on the no fault liability under Motor Vehicles Act,1988

over the years several amendments were pursued and in 1988 a new Motor Vehicles Act replaced the
old one.

the first enactment related to Motor Vehicles in india was the Indian Motor Vehicles Act,1914

which was afterwards reinstated by the Motor Vehicle Act 1939.

The motor vehicle act 1939 originally provided for the award of allowance on the convention of no fault
liability

the 1939 act was accordingly amended by motor vehicles amendment act 1982 consolidating sections
92-A to 92 E to furnish for the first time payment of remittance on the principle of no fault.

Case analysis :
S. 140 to S. 144 correspond to sections 92A to 92E of the old act and provide for liability
without fault. The Supreme Court in M.K. Kunhimohammed v P.A. Ahmedkutty, AIR 1987
SC2158 suggested that the compensation amount payable under sec 92A of the old act for no
fault liability should be increased. Accordingly Sec 140 provides for payment of Rs 25000 in
case of death and Rs 12000 in case of permanent disablement as compensation when under the
old act the compensation payable was Rs15000 in case of death and Rs 7500 in case of
permanent disablement.

Suggestion :
The chapter X of the motor vehicles act , 1988 recognizes liability without fault in certain cases
.section(144) provides that in the case of death of victim , a fixed sum of Rs. 50,000 (Rs.
Fifty thousand) section (142 ), and in the case of his permanent disability a fixed sum of Rs.
25,000 (Rs Twenty Five thousand ) can be claimed as compensation section (140) even if the
owner or the vehicles is not at fault section.