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Report No. 85

4.5. Need for change.-

It is now time to consider whether the present position needs change. In general, the policy of the law as embodied in Chapter 8 of the Motor Vehicles Act is to provide for compensation not on the basis of quid pro quo or contract, but as a measure of social justice.1 The very fact that liability to a third party is required to be insured and the third party (within the limits laid down in the Act) is afforded a remedy against the insurer, shows that the true principle is social justice.

1. See para. 4.7, infra.

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

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