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february 2009

Supreme Court of India · 2009-02-23

Pepsu Rd. Trpt. Corpn. Patiala vs Kulwant Kaur & Ors

Citation / case number
AIR 2009 SC (SUPP) 2085
Court
Supreme Court of India
Petitioner
Pepsu Rd. Trpt. Corpn. Patiala
Respondent
Kulwant Kaur & Ors
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the provisions of Section 140 of the Motor Vehicles Act, 1988 do not operate retrospectively, and thus the claimant is entitled to Rs.15,000/- instead of Rs.50,000/- as 'no fault liability'. The Court clarified that the quantum of liability is determined by the statute in a prospective manner, referencing R.L. Gupta v. Jupitor General Insurance Co. (1990) 1 SCC 356. The appeal was allowed, reversing the High Court's decision.

Pepsu Rd. Trpt. Corpn. Patiala vs Kulwant Kaur & Ors · Niyam