AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 51

16. Five principal situations not covered at present.-

The above resume will show that there are five principal situations which are, at present, not covered in respect of compensation for an accident caused by an, automobile:-

(1) Where there is no fault, so that no one is liable.1

(2) Where there is fault, and therefore liability of the person responsible for the accident exists, but there is no insurer who is liable, because of non-compliance with the relevant provisions of the Motor Vehicles Act,-for example, a policy is not taken out, though required by the Act.2

(3) Where there is liability and also insurance, but the beneficial provisions of the Motor Vehicles Act do not apply (e.g., because the driver has no licence), so that though the person responsible for the accident can be sued, the insurer is not liable.3

(4) Where the driver of the vehicle cannot be traced, so that a suit against the person responsible for the accident or the insurer is not possible.4

(5) Where the person responsible for the accident and the insurer are not solvent, though liable.5

The first, the fourth and the last may be called cases of total misfortune. The second and the third are cases of partial misfortune, because at least the person responsible for the accident can be sued in these cases.

1. Para. 7, supra.

2. Para. 10, supra.

3. Para. 15, supra.

4. Paras. 1 and 14, supra.

5. Para. 7, supra.



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




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys