(1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of aerial ropeway, the promoter or promoters of the aerial ropeway snail jointly and severally, be liable to pay compensation in respect of such death or disablement of any person.
(2) The amount of compensation to be paid under subsection (1) shall be a fixed sum of rupees two lacs in case of death of any person and rupees fifty thousand in case of permanent disablement of any person and in the case of minor injuries such sum not exceeding rupees twenty-five thousand as may be determined by the Advisory Board.
(3) A claim for compensation under sub-section (1) shall neither 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 be quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis :
of the share of such person in the responsibility for such death or permanent Removal of trees, structures, etc.
Promoter may fix rates..
Duty of promoter to work serial ropeway without partiality.
Insurance against the third party risk.
Liability to pay compensation on the principles of no fault.
[1956: Bom. III disablement.
(4) The right to claim compensation under this section in respect of death or' permanent disablement of any person shall be in addition to the right of any such person to claim compensation in respect thereof under any other law for the time being in force:
Provided that the amount of compensation payable under any other law for the death or bodily injury shall be reduced from the amount of compensation payable under this section.]
20. When any of the following accidents occur in the course of working an aerial ropeway for public traffic, namely-
(a) any accident attended with loss of human life or with grievous hurt as defined in the Indian Penal Code, or with serious injury to property;
(b) any accident of a description usually attended with loss of human life or with such grievous hurt as aforesaid or with serious injury to property;
(c) any accident of any other description which the State Government may specify in this behalf in the rules, the promoter shall, without unnecessary delay, 7 [give intimation to the State Government and to the Inspector and send a notice of the accident to the State Government and to the Inspector in such form and within such period as may be prescribed] and the servant of the promoter in charge of the station on the aerial ropeway nearest to the place at which the accident occurred or, where there is not station, the promoters, servant in charge of the section of the aerial ropeway on which the accident occurred shall with the least possible delay, give notice of the accident in 8 [Commissioner of Police in the City area] and elsewhere to the Magistrate of the district in which the accident occurred and to the officer in charge of the police station within the local limits of which such accident occurred.