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2018 Supreme(P&H) 1619

B.S.WALIA
United India Ins. Co. Ltd. – Appellant
Versus
Kuldip Kaur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D.P. Gupta, Advocate.

JUDGMENT :

B.S. WALIA, J.

1. The matter was heard at length on 31.5.2018 whereupon the learned counsel for respondent Nos.1 to 3 requested that the matter be kept for today. However, despite case having been called out, none is present on behalf of the respondents. In the circumstances, I am not inclined to adjourn the case.

2. The only point involved in the instant case is as to whether liability can be imposed under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act') in case the offending vehicle is unidentified.

3. Learned counsel by referring to Section 161 of the Act states that separate provisions exist in respect of accident caused by an unidentified vehicle whereas Section 140 of the Act provides for grant of Rs.50,000/- as 'No Fault Liability' only in respect of a vehicle which has been identified.

Section 140 as well as Section 161 of the Motor Vehicles Act, 1988 are reproduced as under :

“140. Liability to pay compensation in certain cases on the principle of no fault.—

(1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may






















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