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Report No. 85

II. Damage to property

16.4. Section 110E-Discrepancy with section 110(1), proviso (Damage to property.-

Some difficulty exists in regard to claims for proprietary damage made by third parties. Under the proviso to section 110(1) (as it now stands), claims above rupees two thousand in relation to damage to a third party can, at the option of the claimant, be referred to the civil court; but, under section 110F, where any Claims Tribunal has been constituted for any area, no civil court shall have jurisdiction to entertain any question, relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for the area (the rest of the section is not material, as it relates to the grant of injunction). If, as already recommended by us,1 section 110(1), proviso is deleted, this point would not survive.

1. Se discussion as to section 110(1), Proviso, para. 7.11, supra.

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

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