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Report No. 85

6.7. Recommendation to insert sections 109A and 109B.-

In the light of the above discussion, we recommend that two new sections-sections 109A and 109B-should be inserted on the following lines:-

"109B. (1) Where an accident arising out of the use of a motor vehicle and involving the death of, or bodily injury to, any person has occurred and has been reported to the officer incharge of a police station under section 109, such officer shall forthwith forward the material particulars of the accident, in such form as may be prescribed, to the Claims Tribunal constituted under section 110 and having jurisdiction over the area.

(2) The Claims Tribunal to whom the material particulars of an accident have been forwarded under sub-section (1) may order the officer incharge of the police station to furnish such further particulars relating to the accident as the Tribunal may consider necessary and such officer shall carry out the order forthwith.

(3) The officer incharge of the police station shall also forward a copy of the particulars of the accident, forwarded under sub-sections (1) and (2), to the injured person, and if a death has been caused by the accident, to the legal representatives of the deceased person, and shall inform them of their right to file before the Claims Tribunal an application for compensation in respect of the death of bodily injury, and shall obtain a written acknowledgment of such information having been communicated.

"109B. Obligation of the hospital authorities to communicate information as the accidents.- (1) Where an accident of the nature specified in section 109A has occurred and any person injured or dead as a result of the accident has been brought to a hospital, the person incharge of the hospital2 shall forward the material particulars of the accident, in such form as may be prescribed, to the Claims Tribunal having jurisdiction over the area.

(2) The Claims Tribunal may order the person incharge of the hospital to furnish such further particulars relating to the accident as the Tribunal may consider necessary and such person shall carry out the order forthwith".

1. The expression "person incharge of the hospital" could be suitably defined, if necessary.



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




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