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Report No. 85

5.7. Section 95(2)-Alternative recommendation to insert uniform lin of Rs. Two lakhs.-

However, if our recommendation1 to delete the limn in section 95(2) is not accepted, and the principle of having some pecuniary limit in section 95(2) is retained, we would recommend the substitution in that sub-section of a uniform limit of Rs. Two lakhs per claimant, instead of the present smaller limits. The present limits, besides being inadequate, are not uniform.

Having regard to considerations of social justice, we think that if the limits cannot be abolished, then they should be revised as above. This recommendation will apply to "fault" liability cases, where the claims are filed before the ordinary courts. For "no fault cases", i.e. for claims filed before the Tribunal on the basis of no fault the limits would be fixed according to our recommendation, made separately2 in that regard.

1. Para. 5.6(a), supra.

2. Para. 3.52, supra.



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