Fault Liability Principle

Fault Liability Principle— If a claim for compensation under a provision, is not sustainable for reason of a “fault” on account of any one or more of the following i.e., “wrongful act”, “neglect” or “default”, the provision in question would be governed by the “fault” liability principle—Stated differently, where the claimant in order to establish his right to claim compensation (under a particular provision) has to establish, that the same does not arise out of “wrongful act” or “neglect” or “default”, the said provision will be deemed to fall under the “fault” liability principle—So also, where a claim for compensation can be defeated on account of any of the aforesaid considerations on the basis of a “fault” ground, the same would also fall under the “fault” liability principle—Motor Vehicles Act, 1988. 



File Name:- SC_DECEMBER 2011_9