The Motor Vehicles Act, 1988
141.
Provisions as to other right to claim compensation for death or permanent
disablement.
- The
right to claim compensation under section 140 in respect of death or permanent
disablement of any person shall be in addition to any other right (hereafter
in this section referred to
as the right on the principle of fault) to claim compensation in
respect thereof under any other provision of this Act or of any other law for
the time being in force.
- A claim
for compensation under section 140 in respect of death
or permanent disablement of any person shall be disposed of as
expeditiously as possible and where compensation is claimed in respect of such
death or permanent disablement under section 140 and also in pursuance of
any right on the principle of fault, the claim for
compensation under section 140 shall be disposed of as
aforesaid in the first place.
-
Notwithstanding anything contained in sub-section (1), where in respect of the
death or permanent disablement of any person, the person liable to pay
compensation under section 140 is also liable to pay compensation in
accordance with the right on the principle of fault, the
person so liable shall pay the first-mentioned compensation and--
- if the
amount of the first-mentioned compensation isless than the amount of the
second-mentioned compensation, he shall be liable to pay (in addition to
the first-mentioned compensation) only so much of the second-mentioned
compensation as is equal to the amount by which it exceeds the first-mentioned
compensation;
- if the
amount of the first-mentioned compensation is equal to
or more than the amount of the
second-mentioned compensation, he shall not be liable to pay the
second-mentioned compensation.
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