Oshi Yadav, Symbiosis Law School, Hyderabad
ABSTRACT
The case of Purnya Kala Devi v. State of Assam and others1 is a case that deals requisition of vehicles and who should be fastened with the liability of compensation if the vehicle meets an accident. Purnya Kala Devi is a widow with four children who approached the Tribunal claiming compensation as her husband passed away in a road accident caused by a bus driver's negligence. The case follows the arguments and decisions made by the Motor Vehicles Tribunal and the High Court of Guwahati, which fastened the registered owner of the vehicle, Mr. Abdul Salam, with the liability of paying the compensation. The case involves sections from the M.V Act of 19882 and M.V Act, 19503. The case analysis will be based on the factual statements of the judgment and an in-depth study of the concepts at the center of the same. The objective of the study is to understand concepts of requisition, liability, and compensation while also understanding the standing legislature like Motor Vehicles Act4 (now referred to as M.V Act) and the Assam Requisition and Control of Vehicles Act5 (now referred to as The Assam Requisition Act).
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