RATNESWARI BORANI Vs. GAURI SHANKAR AGARWALLA AND ORS.

JUDGEMENT

(1.) THE appeal and the connected cross objections raise the following questions:

(2.) VERY recently the Parliament has provided payment of compensation on the principle of "no fault" vide, the Motor Vehicles (Amendment) Act (Act 47 of 1982). The amendment has fulfilled a long -felt aspiration of the claimants and wishes of the Judiciary.

(3.) NONE disputed before us (1) that the death of Robin resulted from the accident arising out of use of the motor vehicles, namely, Super Express Bus No. ASX 1986 and TMB Truck No. ASJ 1981, (2) that the deceased Robin was on duty as conductor in the Super Express Bus. The owner and the insurer of the truck blamed the bus driver whereas the Corporation charged the truck for the fatal accident.