no-fault liability

No-fault liability makes a person liable to pay compensation for harm even if he was not negligent. Its purpose is to ensure quick, assured relief to victims of accidents where proving fault is hard. Strict liability under Rylands v. Fletcher and the absolute liability rule in M.C. Mehta are forms of it in tort.

Statutory examples include s.164 of the Motor Vehicles Act (a fixed sum for death or grievous hurt), the Public Liability Insurance Act, 1991 (for accidents involving hazardous substances) and the Employees' Compensation Act, 1923, now covered by the Code on Social Security, 2020. The claimant need not plead or prove wrongful act, neglect or default.

Example

The victim's family claimed the fixed sum under s.164 MV Act on a no-fault liability basis, without proving the driver's negligence.

In Indian law

• Section 164, Motor Vehicles Act, 1988 (as amended in 2019)
• Public Liability Insurance Act, 1991
• M.C. Mehta v. Union of India (Oleum gas leak), 1986 INSC 281: absolute liability

See also

strict liability · absolute liability · motor accident claim

Read more in the study notes

• Motor insurance: compulsory third-party cover and Claims Tribunals (Insurance Law)
• Strict liability and vicarious liability (Jurisprudence)
• Strict and absolute liability (Law of Torts)
• Motor Vehicles Act: liability and claims (Law of Torts)