INDORE INSTITUTE OF LAW, INDORE

SUBJECT: TORT LAW

TOPIC: "ROLE OF JUDICIARY IN AWARDING RIGHT TO JUST COMPENSATION IN

MOTOR VEHICLE ACT”

SUBMITTED TO:

ASST.PROF. SONALI AGNIHOTRI

SUBMITTED BY:

SHUBH GOUR

[2019/B.B.A. LL.B./SEC-A]

SESSION: 2019-2020

SEMESTER – I
 INTRODUCTION

The introduction of my topic goes like this, the term compensation comes from
the point of view of the sufferer and it resolves the matter of placing the
defendant and plaintiff in a better place as per judged by the judiciary. In motor
vehicles act, the term compensation means to provide recovery to the plaintiff in
an accident and judiciary plays a very important role in this. Therefore my
research explains about the compensation as provided in motor vehicles act as it
refers how much compensation to be given, whom it to be given, by whom it to
be given and many other things related to this. And the cases picked up in this
research are from MOTOR VEHICLES ACT,1988.
 ABSTRACT

Under Common Law there was no right to claim damages in case of death. Right to claim
damages was however always recognized in case of personal injury. After the advent of the
rail and road transport, the Fatal Accidents Act of 1846 was introduced in England and in
case of death due to negligence the tortfeaser was made liable to pay compensation to
certain relatives. Over a period of time, the law further developed and the Fatal Accidents
Act was introduced in India in 1855. The Motor Vehicles Act, 1939 was enacted to deal
specifically with accidents arising out of the use of Motor Vehicles. The Motor Vehicles Act,
1988 was enacted to consolidate and amend the law relating to accidents arising from
motor vehicles. When a law is enacted to consolidate and amend the law, the Legislature
not only takes into consideration the law as it was existing but also the law which was
prevailing prior thereto.1This Act further aims at regularizing the use of Motor Vehicles and
to compensate victims who are injured or died in accident and family members and
dependants of the deceased victims. This Act has been further
amended in the year 1994. It is well settled that in case of motor accident claims, an
endeavor is made to put the claimants in the pre-accidental position. The damages to be
awarded are to be adequate in terms of money so that the injured / claimants are put in the
same position had they not suffered the loss on account of wrong of the respondent,
though, no amount of compensation can restore the loss of limb or experience of pain or
loss of life.
 DEFINITIONS OF TOPIC

1. JUDICIARY :- The judiciary is the system of courts that interprets and applies
the law in the name of the state. The judiciary can also be thought of as the
mechanism for the resolution of disputes.

2. COMPENSATION :- A pecuniary remedy that is awarded to an individual who

has sustained an injury in order to replace the loss caused by said injury, such
as Workers' Compensation.

3. MOTOR VEHICLE ACT,1988 :- The Act came into force from 1 July 1989. It
replaced Motor Vehicles Act, 1939 which earlier replaced the first such
enactment Motor Vehicles Act, 1914. It has rules and regulations regarding
motor vehicles driving, possession and many other parameters.

SIGNIFICANCE OF TOPIC

The significance of the topic is to indulge in the deep explanation of how the
judiciary plays an important role in awarding compensation in motor vehicles
act. And there should also be an easier understanding of how the
compensation is calculated and awarded to the plaintiff.

REVIEW OF LITERATURE

This project is primarily based on secondary sources that include both printed and non-
printed materials. Printed material includes articles and books, whereas non-printed materials
include data obtained from magazines and newspapers also. Some books are:-
 1. Motor vehicles act, 1988(Act no. 59 of 1988).

2. Dr. R.K.Bangia's LAW OF TORTS including Compensation under the Motor Vehicles Act
and Consumer Protection Laws.

OBJECTIVE OF THE PROJECT

The objective of the project is to study in detail the working of the MOTOR VEHICLES
ACT and how a regular use of the rights will be beneficial for the country. The project sheds
light on who can be the claimants, how the compensation is awarded and the defences
provided in the act. In all, it deals that it is important to get a perfect knowledge about the act
and the rights and defences provided to the people in India.

HYPOTHESIS

1. Perfect knowledge about the act can help in providing compensation for damage.

2.Providing justice to defendant in case of false charges is possible.

RESEARCH QUESTIONS

1. What is right to compensation in motor vehicle act?

2. Who is eligible to be compensated and how?

 3. What are the grounds of on which one can have exception in paying
compensation?

4. What is the role of judiciary in providing right to just compensation in motor

vehicle act?

RESEARCH METHODOLOGY

SCOPE OF THE PROJECT

The project sheds light on the role of judiciary in awarding right to just compensation in motor
vehicle act in India and how it is done. Apart from that this project report is also added up with
examples so that it will be easy to understand. It also deals with the initiatives taken towards it
in India. This research is also to explain to regularize the use of motor vehicles and to
compensate victims who are injured or died in accident and family members and dependants of
the deceased victims.

RESEARCH METHOD

Research Method applied in this project is Doctrinal. Since the research is a doctrinal one,
therefore the data would be mainly collected from secondary sources of information.
These will include books, journals and internet. Keeping this in view, the researcher has gone
through different books, journals, Web references, E-journal, reports etc. The relevant material
is collected from the secondary sources. Materials and information are collected from sources
like books.

CHAPTERIZATION

Chapter I Introduction of MOTOR VEHICLES ACT.

Chapter II Who can be the claimants.

Chapter III Assessment of compensation.

Chapter IV Principles to determine compensation in death cases.

Chapter V Methods to determine compensation.

Chapter VI Injury cases.

Chapter VII Important cases related to compensation issues.

Chapter VIII Conclusion and suggestions.

BIBLIOGRAPHY

1. https://www.prsindia.org/billtrack/motor-vehicles-amendment-bill-2019.

2.https://www.google.com/amp/s/www.vakilno1.com/legalviews/motor-
vehicles-accident-compensation-under-the-mv-act.html.

3. https://en.m.wikipedia.org/wiki/Motor_Vehicles_Act.