(1) The right to claim compensation under section 140 in respect of death or permanent disablement of any person shall be in addition to 1[any other right, except the right to claim under the scheme referred to in section 163A (such 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.
(2) 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.
(3) 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—
(a) if the amount of the first-mentioned compensation is less 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;
(b) 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.
Simplified Explanation
Section 141 of the Motor Vehicles Act in India deals with the provisions regarding the right to claim compensation for death or permanent disablement caused by motor vehicle accidents. This section is crucial for understanding the legal framework that governs compensation claims in such cases. Here’s a simplified explanation:
Overview
Section 141 clarifies that the rights to claim compensation for death or permanent disablement due to motor vehicle accidents are in addition to any other rights to compensation from other sources like insurance or lawsuits under other laws. This means that if someone is injured or killed in a motor vehicle accident, the claim for compensation under this Act does not prevent the person (or their family in case of death) from seeking additional compensation through other legal means.
Key Points of Section 141
- Additional Rights: This section ensures that the rights to compensation under the Motor Vehicles Act are supplementary. Victims can claim compensation under this Act without forfeiting their right to pursue other legal avenues for additional compensation.
- No Effect on Other Laws: The existence of this section doesn’t nullify or affect rights and provisions under other laws. For instance, a person can simultaneously pursue compensation under the Workmen’s Compensation Act (if applicable), and through civil courts for damages.
- Scope of Compensation: The compensation can be claimed for death or for permanent disablement. Permanent disablement refers to the long-term impairment that significantly reduces the individual’s ability to perform daily tasks or work as they did before the accident.
- Procedure: Claims under this section are usually processed through Motor Accident Claims Tribunals, which are specialized forums set up specifically to handle such cases. The claimants must prove the accident, the resultant death or disablement, and the involvement of the motor vehicle in question.
- Quantum of Compensation: The amount of compensation can vary widely and is determined based on factors such as the severity of the disablement, the age and income of the deceased or disabled person, and other economic factors like loss of earnings and the cost of care.
Practical Aspects
- Documentation: Claimants should prepare to provide extensive documentation, including medical records, police reports, and proof of income, to support their claims.
- Legal Assistance: It is advisable for claimants to seek legal assistance to navigate the complexities of the claims process and to ensure that they present a robust case to the tribunal.
- Time Limits: There are specific time limits within which claims must be filed, typically within six months of the accident, though this can be extended if there is a sufficient cause for delay.
Understanding Section 141 is vital for anyone seeking compensation due to motor vehicle accidents, as it outlines the additional legal rights available to victims and their families, ensuring they receive the compensation they are entitled to under the law.
