K. Nandakumar v. Managing Director, Thantai Periyar Transport Corporation

Facts

On 15 January 1987 the appellant, riding a motorcycle, was involved in an accident with a bus belonging to the respondent transport corporation. The accident occurred due to the sole negligence of the motorcyclist himself, who suffered permanent disablement, and he claimed compensation on the no-fault liability basis.

Issues

• Whether an injured claimant can be denied no-fault compensation under Section 92-A(4) on the ground that the accident occurred due to his own sole negligence.

Arguments

The transport corporation contended that since the accident was caused solely by the claimant's own negligence, no compensation should be awarded. The claimant argued that Section 92-A expressly dispenses with proof of fault and bars reduction of the fixed compensation on account of the victim's own responsibility.

Held

The Supreme Court held that the injured claimant could not be denied compensation under Section 92-A(4) on the no-fault liability basis merely because the accident occurred due to his own sole negligence. The statutory scheme makes the fixed sum payable irrespective of the victim's fault, and the defence of contributory or sole negligence of the victim does not operate against a no-fault claim. The claimant was accordingly awarded compensation for the permanent disablement.

Ratio decidendi

No-fault compensation under Section 92-A (now Section 140) is payable even where the accident is caused by the sole or contributory negligence of the claimant; the victim's own fault is no ground to deny or reduce the fixed statutory sum.

Significance

A leading illustration of the absolute character of no-fault liability — it firmly establishes that the victim's own negligence is irrelevant to entitlement under Section 140, reinforcing the welfare object of providing immediate relief regardless of blame.

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