92A. Liability to pay compensation in certain cases on the principle of no fault.
(1) Where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section.
(2) The amount of compensation which shall be payable under sub- section (1) in respect of the death of any person shall be a fixed sum of fifteen thousand rupees and the amount of compensation payable under that sub- section in respect of the permanent disablement of any person shall be a fixed sum of seven thousand five hundred rupees.
(3) In any claim for compensation under sub- section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person.
(4) A claim for compensation under sub- section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable respect of such death or permanent disablement be reduced on the of the share of such person in the responsibility for such death or permanent disablement. 92B Provisions as to other right to claim compensation for death or permanent disablement. (1) The right to claim compensation under section 92A in respect of death or permanent disablement of any person shall be in addition to any other right (hereafter in this section referred to as the right on the principle of fault) to claim compensation in respect thereof under any other provision of this Act or of any other law for the time being in force.
(2) A claim for compensation under section 92A in respect of, death or permanent disablement of any person shall be disposed of as expeditiously as possible and where compensation is claimed in' respect of such death or permanent disablement under section 92A and also in pursuance of any right on the principle of fault, the claim for compensation under section 92A shall be disposed of as aforesaid in the first place.
(3) Notwithstanding anything contained in sub- section (1), where in respect of the death or permanent disablement of any person, the person liable to pay compensation under section 92A is also liable to pay compensation in accordance with tile right oil the principle of fault, the person so liable shall pay the first- mentioned compensation and-
(a) if the amount of the first- mentioned compensation is less than the amount of the second- mentioned compensation, he shall be liable to pay (in addition to the first- mentioned compensation) only so much of the second- mentioned compensation as is equal to the amount by which it exceeds the first- mentioned compensation:
(b) if the amount of the first- mentioned compensation is equal to or less than the amount of the second- mentioned compensation, he shall not be liable to pay the second- mentioned compensation.