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Report No. 178

14. Amendment of the Motor Vehicles Act, 1988 (59 of 1988.-

In the Motor Vehicles Act, 1988,

(a) in section 166 after sub-section (4), the following sub-section shall be inserted, namely :-

"(5) Notwithstanding anything in this Act or any law for the time being in force, the right of a person to claim compensation for injury in an accident shall upon the death of the person injured, survive to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with the injury, or not.

Provided that in cases where the cause of death is not relatable to or has no nexus with the injury, the compensation shall be restricted to the period between the date of injury and the date of death of the person injured."

(b) after section 217, the following section shall be inserted, namely :-

"217A. Certain pending proceedings relating to compensation under the Motor Vehicles Act, 1939 not to abate:- Notwithstanding anything contained in the Motor Vehicles Act, 1939 or any law for the time being in force, in respect of claims for compensation under the said Motor Vehicles Act, 1939 which are pending at any stage, at the date of commencement of this Act in any Tribunal or Court, the right of an injured person to claim compensation shall upon the death of the injured person survive to his legal representatives, irrespective of whether the cause of death was relatable to or had any nexus with the injury or not:

Provided that in cases where the cause of death is not relatable to or has no nexus with the injury, the compensation shall be restricted for the period between the date of injury and the date of death of the person injured."



Recommendations for amending various Enactments - Both Civil and Criminal Back




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