Prakruthi Balla, Symbiosis Law School, Hyderabad
ABSTRACT
The scope of justice is increasing in with all the provisions available in constitution. This research paper mainly focuses on ‘motor vehicle act’. It demonstrates under what heads can the compensation be claimed in a tortious liability of the motor vehicle act. It is explained using a land mark case of “B. Kothandapani VS Tamil Nadu State Corporation Ltd". This case is a civil appeal where the claimant - appellant challenges the compensation awarded to him in infant of supreme court. This case mainly deals with section 166 and section 168 of the motor vehicle act. There are two types of torts one torts are codified by the legislatures and made specific laws like motor vehicle act etc. There are number of other torts which are not been codified by the legislatures like death by elocution, public nuisance etc . Whenever there is codified law like motor accident claims, we have to follow the procedure contemplated under the said codified law, otherwise the general civil law or common law applies. Since motor vehicle act is a codified law, all the procedures to be followed and also the quantum of compensation to be paid is specified in the act itself. In fact, there are certain provisions in the said act which are unique in nature like no fault liability where though there is no negligence on the part of other side, a minimum amounts to be paid stated in the act shall be paid to the victim/claimant. Thus, motor vehicles act has become a unique of it nature since under the general law of torts, the claimant shall prove some negligence or intensional acts or omissions on the part of respondent. But in the motor vehicles act, because of special provisions in the act even if the victim himself is negligent and is responsible; e for the accident still, or he his heirs are entitled to get some compensation from the opposite party.
