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Report No. 85

Chapter 18

Summary of Recommendations

We summarise below the recommendations made in this Report:

Chapter 2-The present law and general recommendation as to Chapter 8

(1) The present heading of Chapter 8 of the Motor Vehicles Act, 1939 should be revised so as to read "Insurance of Motor Vehicles and Adjudication of Claims for compensation in respect of accidents caused by Motor Vehicles".1

1. Para. 2.7.

Chapter 3-Liability without fault

(2) By inserting new section 92A (to be placed under a new Chapter 7A), the doctrine of liability without fault should be introduced in the Act and strict liability imposed in regard to death or bodily injury caused by an accident of the nature specified in section 110(1). This will apply to all claims for compensation in respect of such accidents tried before the Claims Tribunal.1

(3) On the introduction of such liability, there should be a monetary limit, prescribing the maximum compensation that can be awarded by the Claims Tribunal for death or personal injury. The maximum amount awardable (after inserting "no fault liability") should be Rs. one lakh.2

1. Para. 3.63.

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

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