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Report No. 85

3.2. Time taken in proof of negligence.-

The question is important, as the persons generally involved in motor accidents are pedestrians illiterate persons, children or women. Some of them are too poor to afford the help of a competent lawyer for establishing negligence in claim cases1. These cases are contested strenuously by the insurance company, raising all sorts of technical objections for minimising its own liability. As a result, proceedings before the Claims Tribunal drag on for a long time before any award is passed. Sometimes, the time-consuming and costly litigation makes the award of compensation, if and when it is made, virtually meaningless. The Claims Tribunals are constituted for the expeditious disposal of motor vehicles claims; but in actual practice there is no expeditious disposal. The inordinate delay in the disposal of these claims is mainly on account of the difficulty and the time taken in trying the issues of negligence in the use of the vehicle.

1. See para. 1.2,supra.

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

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