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Report No. 85

3.42. Observations in 51st Report of the Law Commission of India.-

It would be pertinent in this connection to refer to the Report of the Law Commission of India on "compensation for injuries caused by automobiles in hit-and-run cases", where the position was stated as under1:-

"6. A brief survey of the systems of compensation for accidents caused by automobiles shows that these fall under one or other of the following categories:-

(a) (i) Compensation by the person who, by his fault, causes the accident (such person may be briefly called the 'person responsible for the accident').

(ii) Such compensation by the person responsible for the accident, irrespective of fault.

(b) Compensation by the insurer of the person responsible for the accident.

(c) Compensation by the State or by an agency set up or recognised by the State, compensation being payable irrespective of fault.

(d) Compensation by the insurer of the victim.

10. Category (b) is illustrated by the provisions of the Motor Vehicles Act which enable the injured person 10 recover compensation from the insurer of the person responsible for the accident. There are certain conditions and restrictions imposed in this behalf, which are, of course, matters of detail."

The Commission, however, noted the difficulty of establishing negligence pointed out in the case of Kesavan Nair v. State Insurance Officer, 1971 ACJ 219 (Ker).

1. Law Commission of India, 51st Report (Compensation for injuries caused by automobiles in hit-and-run cases), para. 6 (September 1972).



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




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