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Report No. 85

11.7. Section 110B to be amended to cover all persons liable.-

The above discussion was concerned with the persons to whom compensation can be awarded. There is some deficiency in the law as to the persons against whom liability arising from an accident can be enforced. It is to be noted that the liability of the owner of vehicle-or, for that matter, the liability of any other person for death or bodily injury caused by the use of a motor vehicle-arises not under the Motor Vehicles Act, but under the general rule of the law of Torts, modified (where applicable) by the Fatal Accidents Act1 or other statutory provisions. The owner and driver are not the only persons who may become liable.2 There may be other persons who are liable, particularly if, at the time of the accident, they were in possession or control of the car, either personally or though servants acting in the course of their employment.

1. Ariyamma v. Narasimhiah, AIR 1972 Mys 73 (75).

2. Branch Manager, Hindustan General Insurance Co. v. Saramma, AIR 1969 AP 390.

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

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