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Report No. 85

11.9. Recommendation to amend section 110B.-

To achieve this object, we recommend that in section 110B, after the words "by the insurer" or "owner or driver of the vehicle involved in the accident", the words "or any other person who was in possession or control of the vehicle at the time of the accident" should be inserted. The amendment will eliminate the controversy arising from the obscurity of the expression "owner", as revealed by the case law1-4, and will make the section comprehensive5.

1. Goolbai v. Pesttnji, AIR 1935 Born 333.

2. Bhagwant Gopnl (in re:), AIR 1943 Nag 22.

3. King v. Ba Ba Sein, AIR 1938 Rang 400.

4. State v. Prema Bai, AIR 1979 MP 85 (87).

5. Also see para. 11.7, supra.

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

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