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february 2009

Supreme Court of India · 2009-02-23

PEPSU RD. TRPT. CORPN. PATIALA vs KULWANT KAUR .

Citation / case number
SC 2006/30425
Court
Supreme Court of India
Petitioner
PEPSU RD. TRPT. CORPN. PATIALA
Respondent
KULWANT KAUR .
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that Section 140 of the Motor Vehicles Act, 1988 does not operate retrospectively and the quantum of no fault liability is determined by the statute in a prospective manner, as established in R.L. Gupta v. Jupitor General Insurance Co. [1990(1) SCC 356]. The Court reversed the Punjab and Haryana High Court's decision to award Rs.50,000/- and directed that the amount payable should be Rs.15,000/- as per the applicable law at the time of the incident. The appeal was allowed accordingly.

PEPSU RD. TRPT. CORPN. PATIALA vs KULWANT KAUR . · Niyam