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Report No. 85

3.47. Variety of schemes.-

These schemes present considerable variety. In particular, some of these schemes envisage the creation of a state administered fund from which damages are paid, thus bringing into existence a species of social insurance. In India, it may not, at present be possible to go to that length. But it is still practicable to consider a reform of the law in certain specific directions. The broad objectives of reform should be to impose-(i) liability without fault on the motorist, (ii) coupled with liability insurance. Insurance against liability to third parties is already compulsory under the Motor Vehicles Act. The main impact of the reforms recommended in this Report would be to expand the ambit of liability and, consequentially, of course, to increase the ambit of payments that would have to be made by the insurer.1

1. For the English law, see para. 5.5, infra.

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

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