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Report No. 85

3.34. Reduction of delay.-

The incorporation of "No fault liability" principle will considerably reduce the delay that occurs in the disposal of claims cases by the Claims Tribunal, making it easy for the person sustaining injury in an accident of the nature specified in section 110(1) (or the heirs of a person killed in such an accident) to obtain compensation without being required to fight a long-drawn battle for obtaining it. The difficulties of litigants have been judicially adverted to1 and we have already referred to some of the pronouncements on the subject. As late as May 1980, a reported judgment of the Supreme Court refers to them2, and also makes certain (not very charitable) comments on the manner in which a public transport corporation conducted its defence in that particular case. This aspect of difficulty of proof has been well stated in a recent English article3-

"There is the notorious difficulty of ascertaining the facts, especially after a long lapse of time. There is the unreliability of witnesses (if indeed they are available) to events which are often of spilt-second duration. And there is the difficulty-and consequent uncertainty-in distinguishing negligent from non-negligent conduct in a context where, we are told, even a good driver (whatever that may mean) makes on the average a mistake every two miles or, according to another study, nine mistakes every five minutes. All these factors make the bringing of a tort action for a motor vehicle injury a precarious undertaking, especially for the plaintiff who cannot claim Legal Aid."

1. See paras. 3.28 to 3.30, supra.

2. Rajasthan State Road Transport Corp. v. Narain Shanker, AIR 1980 SC 695 (696), para. 3 (May).

3. Norman S. Marsh The Pearson Report, (Oct. 1979) 95 LQB 513 (524).

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

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