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Report No. 85

1.15. Question of elimination of fault.-

The present legal framework in India combines the aspect of compensation with some degree of personal liability, in order to deter the reckless and the careless. A solution based on a re-assessment of the significance of the law of tort within the existing legal concept would, of course, be easily acceptable to all concerned. But a more radical reform-elimination of fault-need not be ruled out.1 Accordingly we propose to consider in detail in this Report2 the question of elimination of fault as an element of liability.

1. Chapter 3, infra.

2. Chapter 3, infra.

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

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