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Report No. 85

England-Statutory provision.-

In England, the Road Traffic Act, 19721 which re-enacts earlier legislation requires every person who uses a vehicle on a road to take out a policy of insurance indemnifying him in respect of any liability which may be incurred by him in respect of the death, or bodily injury to, any person (including a passenger) caused by, or arising out of, the use of the vehicle on a road. Further, a third person who suffers bodily injury as a result of a tortious act of the insured is given a direct right of action against the insurers, provided that the liability of the insured is first established2.

1. Sections 43 and 145, Road Traffic Act, 1972.

2. Post Office v. Norwioh Union Insurance Society Ltd., (1967) 1 QB 363.

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

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