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Report No. 85

3.64. Other alternatives considered for higher recovery on the basis of fault.-

We may mention in this context that in the course of our consideration of the question of "no fault" liability, we had occasion to consider a number of alternatives for dealing with the situation where the claimant is in a position to Prove fault. A claimant may like to seek an amount in excess of the maximum limit of compensation which we have provided on "no fault" basis. One alternative that we considered was to provide (while retaining the exclusive jurisdiction of the Claims Tribunal) that the claimant at his option may, on the basis of fault, claim a higher amount of compensation before the Claims Tribunal.

Another alternative that we considered was to allow the claimant an option in regard to the forum, that is to say, while proceedings before the Tribunal would be exclusively on no fault basis and would be subject to the prescribed maximum, proceedings before the ordinary civil court would be on the basis of fault and would not be subject to any maximum. Of course, it was implicit in this alternative that the exclusive character of the jurisdiction of the Claims Tribunal would be modified, inasmuch as, even if a Tribunal is already created for an area, a claimant claiming a higher award on fault basis would have to be allowed to go before an ordinary civil court.

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

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