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Report No. 51

8. Category (a)(ii)-Compensation without fault.-

Category (a)(ii) has been suggested in several countries, but adopted only in very few. The main argument in support of the category is that the requirement of fault is out of date, and there is no injustice in awarding compensation against the person who caused the accident even if he is not at fault, because, in most cases, he can get reimbursement from the insurer. The main object of the law (it has been stated), is to compensate the injured person, and not to penalise the person causing the accident. Hence, it is not necessary to retain the traditional requirement of fault.

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

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