Supreme Court · 2009 INSC 241 · Decided 23 February 2009
Pepsu Road Transport CORPN. Patiala, Through Its General Manager v. Kulwant Kaur & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 241 · [2009] 2 S.C.R. 967
- Case number
- CIVIL APPEAL No. 1157/2009
- Decided
- 23 February 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 140, 92(A)
Headnote
Motor Vehicles Act, 1988 : B c s.140 - No fault liability - Accident on 15-10-1982 - Claim petition on 30-11-1982 - Order passed by MACT - - Appeal -High Court placed reliance upon s. 140 of the 1998 Act as amended w.e.f 14-11-1994 and after taking the view provision operated with retrospective effect, 0 ' directed payment of Rs. 50, 0001- as "no fault liability" - · Justification of- Held: Not justified - High Court was wrong in its view about the retrospective operation of s. 140 - In any event, the 1988 Act can have ho
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