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Report No. 85

3.66. Claims before ordinary courts to be governed by fault.-

There still remains one question to be considered, namely, where the claimant must go before an ordinary civil court-a situation that can arise if no Claims Tribunal is created for a particular area-should the principle of fault continue? Such situations should, of course, be rare. Prima facie, the intention of the legislature is that Tribunals should be created in adequate number all over the country. We think that in these rare cases, the present law may well continue to operate. Accordingly, we are not making any specific provision for introducing the principle of "no fault" in claims that are tried by ordinary civil courts in the absence of Claims Tribunals.

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

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