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Report No. 85

11.10. Amendment of section 110B to save limits as to quantum of compensation recommended.-

While this amendment would widen the scope of the power of the Tribunal, there is also need for an amendment of the section on another matter, by drawing attention to the limits on compensation that can be awarded. When making this comment, we do not have in mind the existing limits on compensation laid down in section 95(2). These limits, according to our recommendation,1 should be abolished. Even if they are retained, our recommendation is to increase them, and they will apply only to ordinary courts.

We are primarily concerned with the limits which, according to our recommendation in this Report2, will become applicable as regards the quantum of compensation that can be awarded on a "no fault" basis (i.e. in claims tried by the Claims Tribunals on that basis). In our opinion, it is desirable to ensure that the wide language of section 110B should not become a source of oversight, thereby leading to litigants and others to overlook the limits. We therefore recommend that in section 110B, a new sub-section should be inserted on the subject discussed above, after renumbering the present section as sub-section (1). The following is a very rough draft of what we have in mind:-

"(2) Nothing in this section shall affect any provision of this Act imposing a maximum limit on the amount of the compensation that can, in respect of any accident, be claimed by any person before the Tribunal."

1. Paras. 5.6 to 5.8, supra.

2. Paras. 3.63, supra.

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

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