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Report No. 85

3.39. Lord Danesfort's speech.-

Lord Danesfort, later in the Debates, quote& clause 1:-

"Damages recoverable in case of bodily injury.

1. (1) Where bodily injury to a person is caused by or arises out of a use of a motor vehicle on a road or in a place to which the public have a right of access damages shall be recoverable from the owner of the motor vehicle in respect thereof without proof of negligence or intention or other cause of action as though the injury had been caused by his wilful act, neglect or default, except where the injury was solely due to the negligence of the injured person:

Provided that-

(a) where the injury was contributed to but not solely due to the negligence of the injured person there shall be taken into account in computing the damages the degree in which the negligence of such person contributed to the accident; and

(b) where bodily injury is caused or arises as aforesaid in circumstances in which

(i) damages are recoverable from the owner in respect of the said injury by virtue only of the foregoing provisions of this section; and

(ii) a legal liability is created in some person other than the owner to pay damages in respect of the said injury; and

(c) this sub-section shall not apply to bodily injury suffered by a person who at the time of the occurrence of the accident was driving or being carried in or upon a motor vehicle.

(2) Where bodily injury is caused as aforesaid, the fact that any financial payment is made or offered or any other assistance given or offered to the person injured by the owner of the motor vehicle or any other person shall not of itself be regarded as implying any admission of negligence in the driving or management of the motor vehicle."

1. Vol. 88, H.L. Debates, Col. 1035.

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

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