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january 1977

Supreme Court of India · 1977-01-28

MINU B. MEHTA AND ANOTHER vs BALKRISHNA RAMCHANDRA NAYAN AND ANOTHER

Citation / case number
SC 1976/60802
Court
Supreme Court of India
Petitioner
MINU B. MEHTA AND ANOTHER
Respondent
BALKRISHNA RAMCHANDRA NAYAN AND ANOTHER
Author
P.S. KAILASAM
Bench
P.S. KAILASAM

Judgment text excerpt

The Supreme Court clarified that under Section 95(1)(b) of the Motor Vehicles Act, proof of negligence is essential for establishing liability of the vehicle owner or insurer in motor vehicle accident claims. The Court held that the High Court's interpretation, which suggested absolute liability irrespective of negligence, misreads the statutory provisions. It emphasized that liability arises from the law of negligence and vicarious liability, and without establishing a cause of action against the responsible party, compensation cannot be claimed.

MINU B. MEHTA AND ANOTHER vs BALKRISHNA RAMCHANDRA NAYAN AND ANOTHER · Niyam