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Report No. 85

3.61. Cases of suicide excluded.-

While on the subject of fault of the victim, it may be mentioned that one argument that is generally advanced by Insurance Companies-and even by some Judges-against "no fault liability" is that if a person actually throws himself in front of a vehicle with the intention of committing suicide, and is consequently killed or injured, then there can be no justification whatsoever, for the payment of any compensation to the person or his heirs. The short answer to this is that compensation is payable only if there is an accident of the nature specified in section 110(1) of the Motor Vehicles Act. An occurrence can be said to be "accidental" only when it is not due to design; for, if an act be intentional, it would clearly be no accident.



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




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