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Report No. 85

4.7. Present position not justified.-

It appears to us that the same reasoning applies to the other restrictions contained in the section 95(1), proviso (ii). Even as regards gratuitous passengers,1 the present provision excluding them from the benefit of direct remedy does not appear to be justified. In this context, we may note that in England such an exclusion was previously contained in section 203, Road Traffic Act, 1960, but was promptly removed in response to a suggestion for law reform made by the Court of Appeal.2

1. Para. 4.3(H), supra.

2. Connell v. Motor Insurer's Bureau, (1969) 3 WLR 231 (237).

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

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