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Report No. 85

1.9. Amendment of 1956.-

To carry out the above object, the amendment of 1956 introduced sections 110A to 110F. Prior to this amendment, the claimant had in every case to sue the insured person in the civil courts1, and notice had to be given to the insurer if the claimant desired to avail himself of the benefits of section 96. By the amendment, the legislature substituted, for the ordinary remedy of a civil suit, a special remedy which is summary in nature. The amended Act provides for the constitution of a Claims Tribunal and confers jurisdiction on it to adjudicate upon claims for compensation in respect of accidents involving death or bodily injuries to persons arising out of the use of motor vehicles.2 Section 110A provides for the procedure for putting up a claim for compensation. Section 110B provides for an award of the Claims Tribunal to be made after giving the parties an opportunity of being heard, and after an inquiry into the claim.

Under section 110C, subject to any rules that may be made in that behalf, the Tribunal may follow such summary procedure as it thinks fit. Section 110D provides for an appeal from the award made by the Claims Tribunal. Under section 110E, compensation money awarded by the Tribunal can be recovered from the insurer, as arrears of land revenue. Section 110F excludes, where a Claims Tribunal has been constituted for any area, the jurisdiction of the Civil Court to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area. The Civil Court is also debarred from issuing any injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of a claim for compensation. These provisions show the importance attached by the legislature to the need for prompt disposal of such claims, while leaving unaffected the principles of substantive law as to liability.

1. Para. 1.7, supra.

2. See, further, para. 2.4, infra.

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

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