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Report No. 85

5.6. Section 95(2)-Recommendation to delete limit.-

(a) For reasons already stated,1 we think that there is ample justification for removing the limit at present laid down in section 95(2), and, accordingly, we recommend its deletion.

(b) This is, of course, a matter different from the one to which we have adverted while recommending2 the introduction of "no fault" liability.

In the context of no fault liability, we have recommended the imposition of monetary limit. The limit so recommended will not be confined to the insure, will apply to the owner, driver or other person liable also. The justificatior such a limit has been discussed at length3 in the relevant Chapter and we not repeat the reasoning.

1. 1. Paras. 5.2 and 5.3, supra.

2. Paras. 352 and 3.53, supra.

3. Paras. 3.52 and 3.53, supra.

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

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