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may 2008

Supreme Court of India · 2008-05-08

State Of Punjab & Ors vs Bhajan Kaur & Ors

Citation / case number
AIR 2008 SUPREME COURT 2276
Court
Supreme Court of India
Petitioner
State Of Punjab & Ors
Respondent
Bhajan Kaur & Ors
Author
S.B. Sinha
Bench
Lokeshwar Singh Panta, S.B. Sinha

Judgment text excerpt

The Supreme Court ruled that Section 140 of the Motor Vehicles Act, 1988 does not have retrospective effect, affirming that statutes are presumed to be prospective unless explicitly stated otherwise. The Court clarified that under the previous Motor Vehicles Act, 1939, the no fault liability was limited to Rs. 15,000, which was later increased to Rs. 50,000 under the 1988 Act, effective from 14.11.1994. The Court held that without a clear provision for retrospective application, the new liability limits cannot be applied to accidents occurring before the enactment of the 1988 Act.

State Of Punjab & Ors vs Bhajan Kaur & Ors · Niyam