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Report No. 85

3.53. Provision in Railway Act.-

We consider a simple limit to be preferable. While the analogous provision in the Railways Act1 (as to monetary limit) lays down Rs. 50,000, our intention is to provide Rs. 1,00,000 per claimant for claims under the Motor Vehicles Act.2

The theory here is that the money should be distributed among those who suffer, in the way most advantageous to them and that is better that each injured person should get a reasonable compensation than that some victims should get full indemnity and others nothing. Limited amounts of compensation for injuries due to motor traffic would be supportable on this basis.3

1. Section 82A(2), Indian Railways, Act, 1980 (Appendix 1).

2. For details, see para. 3.63, infra.

3. Compare Strahl Tort Liability and Insurance, (1959), Vol. 3, Scandinavian Studies in Law, 199, 222.

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

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