Motor accidents and claims

THE Supreme Court has ruled that a victim of a motor accident which occurred while the vehicle was in use is entitled to compensation from a claims tribunal under the Motor Vehicles Act, 1998, even apart from the `no-fault liability' in Section 140.

However, this does hold if any one of the exceptions in the English case of ``Rylands vs Fletcher'' is applicable. These exceptions include default on the part of the victim (damage caused solely by his act or default on his part) and circumstances which no human foresight can provide against and of which human prudence is not bound to recognise the possibility.

Even if there was no negligence on the part of the driver or owner of a vehicle, the owner could be made liable for damages to the person who suffered, if the accident happened while the vehicle was in use.