Report No. 51
40. Comments in favour, but with modification of substance.-
Some of the comments1 favour the proposal circulated in the draft Report, with a modification of substance. One District Bar Association2 suggests that a new sub-section (2B) after sub-section (2A) should be added to section 96 of the Motor Vehicles Act, in the following terms: -
"(2B). (1) Where an accident involving the death of or bodily injury to a person caused by or arising out of the use of a motor vehicle occurs, and (i) a claim for compensation in respect of such accident cannot be ascertained after reasonable effort or (ii) a judgment in respect of the liability for such compensation in respect of such accident is obtained against any person but the same cannot, with the exercise of reasonable diligence, be satisfied by the person or his insurer within six months of the award, then the person entitled to such compensation shall be entitled to receive it from the respective Zonal Insurance Corporation under the territorial jurisdiction of which the accident occurred.
(2) Any such judgment under sub-section (1) shall not include any amount of compensation which has been realised or is realisable from a person other than the driver or owner of the motor vehicle."
1. S. No. 32 (A District Bar Association).
2. S. No. 32.