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Report No. 51

11. Category (c)-Compensation by the State or by an agency set up or recognised by the State.-

Category (c) does not exist in the field of compensation for automobile accidents in India. But proposals for reforms of the law, which have been made (or even enacted) elsewhere, from time to time, emphasise that instead of requiring the victim to prove fault, he should be entitled to compensation, on mere proof of injury. The compensation, (it is further urged) could he paid from a fund to be established for the purpose. Details of the matter cannot be conveniently discussed at the present stage. It is sufficient to state that the increasing use of automobiles has led many persons to believe that the common law requirement of fault is out of date.1 It should be noted, however, that there is a strong section of opinion which still maintains that the only satisfactory basis of liability is fault, and that the requirement of fault should not be dispensed with.

1. See also para. 8, supra.

Compensation for Injuries caused by Automobiles in hit-and-run Cases Back

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