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Report No. 85

Claims for Compensation under Chapter 8 of The Motor Vehicles Act, 1939

Chapter 1

Introductory

1.1. Scope of the Report.-

This Report is concerned with an important matter dealt with in Chapter 8 of the Motor Vehicles Act, 1939-compensation to be awarded in respect of death of, or bodily injury to, persons arising out of the use of motor vehicles or damage to the property of a third party so arising.1 The subject has been taken up by the Law Commission in view of its vital relevance to social justice and delay in the administration of justice. Certain hardships and practical difficulties that have been experienced in the working of the Act render it desirable that the law should be revised. These hardships and difficulties, broadly speaking, relate to the principles on which liability of the various parties arises, the jurisdiction of tribunals constituted under the Act and the smooth working of those tribunals-those tribunals being the machinery created by the Act for determining the amount of compensation to be awarded for death or bodily injury arising as above.

1. Chapter 8, sections 93 to 97 and 110 to 111A, Motor Vehicles Act, 1939.



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