Report No. 85
2.2. Substantive provisions.-
The substantive provisions in this Chapter posses certain peculiar and interesting features. The legislature has not attempted to codify the principles on which liability may be fixed, this matter being left to the rules otherwise applicable, that is to say, the Law of Torts. In general, in the Law of Torts, in the absence of special rules creating absolute liability, the wrong-doer is liable only for intentional or negligent wrong-doing.1 This position remains unaffected by Chapter 8.
The impact of Chapter 8 lies in this, that the liability becomes enforceable at the victim's instance not only against the persons otherwise liable (owner of the defaulting motor vehicle or his servant or agent, as the case may be), but also against the insurer. (The liability is enforceable, in case of the victim's death, at the instance of certain other persons). The owner of the motor vehicle is, by law, compelled to insure himself against the risk of liability that may be incurred to a third party, and the insurer, within the limits laid down in the Chapter, is made liable to the third party even though there is no contract between them.
1. See further para. 3.4, infra.