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.