AIR 1996 KERALA 237 ::(1996) 1 ACC 270 ::(1996) 1 CivLJ 301 ::(1996) ACJ 609 ::(1996) 1 TAC 96 ::1995 (2) KerLT 687 ::1995 (2) Ker LJ 751 ::ILR(ker) 1996 (1) KER 393

Kerala High Court

Hon'ble Judge(s): P. A. Mohammed , J

(A) Motor Vehicles Act (59 of 1988) , S.140— 'No fault liability' - Accident - Identity of one of vehicles involved, established - Application under S.140 cannot be rejected as not maintainable on ground that other vehicle could not be detected - Liability under S.140 is joint and several. (Para 6) (B) Motor Vehicles Act (59 of 1988) , S.161, S.140— Claims under Ss. 140 and 161 - Are separate and distinct. Claims under Ss.140 and 161 are separate and distinct. The provisions contained in these sections operate in different fields. Though both sections contemplate an accident, the former will operate when the identity of at least one of the vehicles involved in such accident is ascertainable and the latter, when the identity of the vehicle or vehicles is unascertainable. In a claim under S.140 the claimant need not plead and prove the wrongful act or neglect of the owner or driver of the vehicle which is identified as being involved in the accident whereas in a claim under S.161 there must be proof that the identity of the vehicle or vehicles cannot be ascertained in spite of reasonable efforts in that behalf. When identity of the vehicle is ascertainable it may not be a case of 'hit- and- run motor accident'.(Para 8) ....