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Report No. 85

Chapter 11

Parties

Section 110b

11.1. Scope.- This Chapter is concerned with the parties to proceedings by way of claims for compensation.

11.2. Section 110B-Persons entitled to claim compensation-controversy as to case of death.-

The persons who can claim compensation are dealt with in the first part of section 110B. It reads-

"110B. Award of the Claims Tribunal. On receipt of an application for compensation made under section 110A, the Claims Tribunal shall, after giving the parties an opportunity of being heard, hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be."

The controversy that has arisen rests mainly on the question whether, in case of death, the persons entitled to compensation, are the same as those entitled under the Fatal Accidents Act, or whether the matter has to be decided independently of that Act.



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




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