Report No. 85
3.65. Cases before the Tribunal to be decided on no fault basis.-
On a careful consideration, we have come to the conclusion that it is not necessary to adopt either of the two alternatives mentioned above and that the best course would be to make a clean sweep of the distinction between liability based on fault and liability based on no fault basis, All cases before the Tribunal should be tried only on one basis, namely, "no fault" subject to a specified maximum. There would be no option given to the claimant, nor would he have any temptation to claim, by alleging fault, a higher compensation (either on his own or on the advice of others). To give an option to a claimant to go to a civil court for claiming damages higher than what he would get under the "no fault system" would be to jeopardize altogether the very existence and functioning of the Claims Tribunals. The danger of the claimants being advised by lawyers to institute proceedings in a court for that purpose is real.