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Report No. 85

Chapter 4-Beneficiaries of compulsory insurance: section 95(1)

(4) Section 95(1) proviso (ii), which excludes certain persons from the benefit of a direct remedy against the insurer, otherwise available to a claimant for compensation, should be deleted.1

1. Para. 4.8.

Chapter 5-Monetary limits on the liability of the insurer: section 95(2)

(5) In section 95(2), which imposes a pecuniary limit on the liability of the insurer on the basis of the class of vehicle and other criteria specified in the section, the limit should be either deleted, or raised to Rs. two lakhs per claimant (in regard to claims before ordinary courts).1

[This is in regard to claims before ordinary courts which would have jurisdiction only when no Tribunal has been constituted. In regard to claims before Claims Tribunal, there is a separate recommendation as to the pecuniary limits of compensation for death or bodily injury.2

1. Paras. 5.6, 5.7 and 5.8.

2. See item (3), supra.

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

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