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The principle of "No Fault" Liability is coined in the landmark judgment given in :

  • A.Cundey Vs Lindsay
  • B.Sivaji Dayanu Patil Vs Smt. Vatschala More
  • C.Rita Devi Vs New India Assurance Comapny
  • D.Rylands Vs Fletcher.

Answer: B

The key's answer is Shivaji Dayanu Patil v Vatschala Uttam More.

In this 1991 case the Supreme Court interpreted Section 92A of the Motor Vehicles Act, 1939, which made the owner of a vehicle liable to pay fixed compensation for death or permanent disablement in a road accident without the claimant having to prove any wrongful act, neglect or default. The Court explained this as a scheme of 'no fault' liability and gave the provision a wide, beneficial reading.

Rylands v Fletcher established strict liability for escapes from land, Cundy v Lindsay is a contract case on mistake as to identity, and Rita Devi (2000) concerned whether a murder in the course of a vehicle theft was an accident.

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