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Report No. 85

Chapter 3A

Liability without Fault

"92A. (1) In a claim for compensation in respect of death or bodily injury caused by an accident of the nature specified in sub-section (1) of section 110, preferred before a Claims Tribunal, the claimant shall not be required to plead and establish that the injury or damage suffered was due to the wrongful act, neglect or default of the person who caused the accident."

[Section 110(1), main paragraph reads:-

"(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereinafter referred to as Claims Tribunals) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both."]

"(2) A claim for compensation in respect of such death or bodily injury preferred before a Claims Tribunal shall not be defeated by reason merely of the wrongful act, neglect or default of the person suffering injury or damages nor shall the quantum of compensation recoverable in respect of such death or bodily injury be reduced merely on the basis of the share of such person in the responsibility for such death or bodily injury.

(3) The quantum of compensation payable on such a claim shall not exceed the following limit, that is to say,- .

"(a) in the case of bodily injury, rupees one lakh for each person who claims compensation; (b) in the case of death, rupees one lakh for each person for whose benefit the claim is made."



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




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