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Report No. 85

7.5. Practical impact of proviso.-

This demonstrates the need for considering at greater length the question whether the present provision restrictive of the competence of Claims Tribunals is satisfactory. We must point out that in this particular case, the restriction on the competence of Tribunals is not of mere academic interest. In regard to pleadings, court fees and limitation, there is an important difference between an ordinary civil court and the Claims Tribunal constituted under the Motor Vehicles Act. Proceedings under the Motor Vehicles Act do not, for example, require elaborate pleadings. There is no ad valorem court fees under the Act, unlike in civil suits. The period of limitation for a claim under the Motor Vehicles Act is six months. In contrast, in the civil court, the period of limitation is much longer1.

1. Articles 81, 82 and 113, Limitation Act, 1963.

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

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