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Report No. 51

14. Driver not traceable.-

In the first situation,1 non-recoverability of compensation is not due to any defect in the chapter of the Motor Vehicles Act dealing with Third Party Insurance. The whole scheme of the Motor Vehicles Act shows that it falls under category (b) above.2 If the legislature wishes to provide for the situation where the offending vehicle is not traceable, it has to take the next step and adopt category (c). This would be a progressive step; but numerous connected questions will have to be worked out. Should the State undertake the liability in this case? What will be the financial repercussions? Should other cases where category (b) does not apply be covered? And so on. By undertaking the duty of compensation in such cases, the State virtually becomes an insurer. The most interesting question that presents itself is, whether the State should not undertake the duty to compensate also in other cases of injury by tort, e.g., accidents caused otherwise than by automobiles.

1. Para. 13, supra.

2. Paras. 6 and 10, supra.

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

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