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Report No. 85

3.59. Difficulties of proof even in a system of comparative negligence.-

In our view, however, in the particular types of accidents with which we are concerned, the mere substitution of a rule of comparative negligence may not mitigate the difficulties experienced at present. It would be preferable to suggest a simpler rule which can be easily worked. Even in a system based on comparative negligence, the assigning of a specific percentage factor to the amount of negligence attributable to a particular party could be a matter of perplexity in motor vehicle cases.



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




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