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?
Swami Sadashiva Brahmendra Sar (Nil) 27 June 2009
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?
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.
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.
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.
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.
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.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 29 June 2009
I do agree with Mr. Deepak Jain