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Swami Sadashiva Brahmendra Sar (Nil)     27 June 2009

Motor Accident

Many of the road accidents, damaged roads are a contributory factor. Can the MACT apportion the liability on State and direct  it to pay a part of compensation?

Should the MV Act be amended so as to fix a liability on State in above situations?



Learning

 6 Replies

Deepak Jain, Hisar (Practicing Lawyer)     28 June 2009

You are very Right Mr. Advocate. The amendment should be made in Section 168 of MV Act. In fact, there are only obligations but not any rights to the people. And Government has Only Rights but no Obligations. The person/official/employee who is responsible for any act/omission which caused accident, should be punished and the amount of Tortuous liability should be recovered from him. In the first minute of birth too much Act/statute imposes obligations just like Registration of Birth but no Right accrue like Health Security.

 

Although there is one Rajiv Gandhi Yojna by the government of India which pay nominal compensation in case of un natural death including road accident.

Deepak Jain, Hisar (Practicing Lawyer)     28 June 2009

You are very Right Mr. Advocate. The amendment should be made in Section 168 of MV Act. In fact, there are only obligations but not any rights to the people. And Government has Only Rights but no Obligations. The person/official/employee who is responsible for any act/omission which caused accident, should be punished and the amount of Tortuous liability should be recovered from him. In the first minute of birth too much Act/statute imposes obligations just like Registration of Birth but no Right accrue like Health Security.

 

Although there is one Rajiv Gandhi Yojna by the government of India which pay nominal compensation in case of un natural death including road accident.

Deepak Jain, Hisar (Practicing Lawyer)     28 June 2009

You are very Right Mr. Advocate. The amendment should be made in Section 168 of MV Act. In fact, there are only obligations but not any rights to the people. And Government has Only Rights but no Obligations. The person/official/employee who is responsible for any act/omission which caused accident, should be punished and the amount of Tortuous liability should be recovered from him. In the first minute of birth too much Act/statute imposes obligations just like Registration of Birth but no Right accrue like Health Security.

 

Although there is one Rajiv Gandhi Yojna by the government of India which pay nominal compensation in case of un natural death including road accident.

Deepak Jain, Hisar (Practicing Lawyer)     28 June 2009

You are very Right Mr. Advocate. The amendment should be made in Section 168 of MV Act. In fact, there are only obligations but not any rights to the people. And Government has Only Rights but no Obligations. The person/official/employee who is responsible for any act/omission which caused accident, should be punished and the amount of Tortuous liability should be recovered from him. In the first minute of birth too much Act/statute imposes obligations just like Registration of Birth but no Right accrue like Health Security.

 

Although there is one Rajiv Gandhi Yojna by the government of India which pay nominal compensation in case of un natural death including road accident.

Deepak Jain, Hisar (Practicing Lawyer)     28 June 2009

You are very Right Mr. Advocate. The amendment should be made in Section 168 of MV Act. In fact, there are only obligations but not any rights to the people. And Government has Only Rights but no Obligations. The person/official/employee who is responsible for any act/omission which caused accident, should be punished and the amount of Tortuous liability should be recovered from him. In the first minute of birth too much Act/statute imposes obligations just like Registration of Birth but no Right accrue like Health Security.

 

Although there is one Rajiv Gandhi Yojna by the government of India which pay nominal compensation in case of un natural death including road accident.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     29 June 2009

 I do agree with Mr. Deepak Jain

 


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