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Report No. 51

42. Comments taking the view that the proposal should be more comprehensive.-

Some of the comments emphasise that the proposal should be made more comprehensive.

Thus, one High Court Judge1 has stated:-

"Whether any State will agree for a discriminatory treatment to this kind of compensation cases alone has to be ascertained. In other kinds of torts also, very often, compensation cannot be realised for various reasons. A welfare state trying to build up a socialistic pattern of society should undertake the duty to compensate in all cases of injury by tort, i.e., accidents caused otherwise than by automobiles also. A comprehensive legislation requiring each citizen to insure against this risk, making the State as the insurer may have to be brought at an early date. This may be a hope only now and a distant reality. As a beginning towards that, the proposed legislation is welcome."

Another High Court Judge2 has stated:-

"The attempt to codify law on 'tort' has its difficulties also, a Bill codifying the liability of State, is, if I remember correct, pending before Parliament. This is yet another attempt to codify another branch of the law.

I wish, a comprehensive legislation is ventured in this respect".

1. S. No. 26 (One High Court Judge).

2. S. No. 26.



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