MUMTAZ BEGUM Vs. RAM CHANDRA MUKHIYA

JUDGEMENT

(1.) A motor vehicle accident occurred on 8.4.1988 when a child, aged about 15 years, died. At that time, the Motor Vehicles Act, 1939 was holding the fort. Chapter VII -A was inserted in the said Act in 1980. Chapter Vll -A prescribed liability of the owner without fault and at the same time provided that the same would not take away the right to claim compensation on the principle of fault. While the said Act by Section 92(a), contained in the said Chapter, fixed compensation on no fault basis at Rs. 15,000/ -, it prescribed in Section 92(b), also contained in the said Chapter, that if the liability on fault basis exceeds the liability on no fault basis, then the fixed liability on no fault basis would merge with the liability on the basis of fault, and accordingly the claimant will be entitled to only the liability assessed on the basis of fault.

(2.) IT is now well settled in law that a death occasions three losses, namely, (1) loss of income; (2) loss of estate and (3) loss of consortium.

(3.) INASMUCH as death occurred by reason of a motor vehicle accident, the claimant, being the mother of the victim, became entitled to a compensation of Rs. 15,000/ - on