Report No. 51
52. Recommendation.-
We accordingly recommend the following legislative provision, which could be inserted as a section in the Motor Vehicles Act1:-
"109(A). (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 it is proved that a claim for compensation is respect of such accident cannot be made because the person liable to pay such compensation or his whereabouts cannot be ascertained after reasonable effort2, the person entitled to such compensation shall be entitled to receive it from the State.
(2) Where, in respect of any accident, any claim is made under sub-section (1) and it is found that the claimant has received, or is entitled to receive, any sum as compensation or indemnity from any person other than the driver or owner of the motor vehicle which occasioned the death or bodily injury, the amount to be awarded to the claimant against the State under sub-section (1) shall be reduced by that sum.".
1. Tentatively it could be placed as section 109A.
2. Para. 16(4), supra.
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