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Madras High Court invokes no fault liability principle to grant ₹5 lakh compensation to kin of man who died after falling into pit on public road

The High Court, however, said that this was a case where each party was likely to allege negligence on the other’s part.

However, it was not necessary for the Court to go into the merits of such allegations, it said.

Justice Swaminathan went on to say that the statutory scheme under the Motor Vehicles Act envisages an approach of no fault liability, where the owner of a vehicle that has been in an accident and causes injuries or death of another party, is liable to pay compensation.

He also said that the Tamil Nadu Generation and Distribution Corporation also follows a policy where it gives a compensation of ₹5 lakh to the family of those who die of electrocution, without going into the question of negligence.

“Following the direction given by this Court, the contractor had also deposited a sum of Rs.5.00 lakhs. The petitioner can very well withdraw the same without prejudice to his right to claim higher compensation. Since disputed facts have been thrown up for consideration, exercising writ jurisdiction, I am not in a position to go into the same. The petitioner would allege that the contractor had not put up barricades. On the other hand, the contractor would claim that the road users had been specifically called upon to take diversion and that the occurrence took place because the petitioner’s son did not pay heed to the same. Unless evidence is taken, I cannot decide whether the contractor had breached his obligations,” the Court said.

The Court also granted the petitioner the liberty to file a civil suit if he wishes to enhance the compensation amount.

Source: Barandbench

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