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Report No. 85

3.7. Present position.-

Apart, however, from special rules or statutory provisions, and leaving aside special situations, and according to the position generally understood at present, fault is required, before liability can be established1-2-3-4 either against the person driving a vehicle causing an accident or against any other person alleged to be vicariously liable. This principle has not been abrogated by the statutory provisions making the insurer liable to third parties, as enacted in the Motor Vehicles Act5.

1. Babu Singh v. Champa Devi, AIR 1974 All 90 (92).

2. Jagjit Singh v. Ram Chand, AIR 1969 Del 183.

3. Kamla Devi v. Kishan Chand, AIR 1971 MP 113.

4. State of Punjab v. V. Kalia, AIR 1969 Punj 172.

5. Section 95.

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

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