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Report No. 85

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

Contents
Chapter I Introductory
1.1 Scope of the Report
2. Observations of Supreme Court
3. Scope
4. Claims under the Motor Vehicles Act
5. Objects of Chapter 8
6. Compulsory insurance
7. Forum for adjudication
8. Object of amending Bill of 1955
9. Amendment of 1956
10. Amendment of 1969
11. Motor car as the cause of congestion
12. Various alternatives adopted
13. Devices adopted in various countries to effect reform
14. Strict liability and common law
15. Question of elimination of fault
16. Compensation by the State not discussed
17. Reforms relating to Tribunals and procedure
18. Past Reports of Law Commission
Chapter 2 The Present Law, and General Recommendation as to Chapter 8
2.1 Analysis of Chapter 8
2. Substantive provisions
3. Grouping of provisions
4. Scheme of sections 94-111
5. Tripartite character
6. Definitions
7. Chapter 8-Recommendation to revise heading
Chapter 3 Liability without Fault
3.1 Peculiar features of accidents by Motor vehicles
2. Time taken in proof of negligence
3. Traffic accidents
4. Scope of the Chapter
5. Statutory exceptions to principle of fault
6. Burden of proof in special cases
7. Present position
8. Remedies attempted to minimise litigation
9. Difficulties of proof
10. Legislative service to avoid disputes as to fault
11. Strict liability
12. Legislative device to avoid disputes as to quantum
13. Common Law
14. Liability for motor vehicles
15. Scope of reforms based on "No fault" liability
16. No fault system
17,18 Various systems of compensation for harm
19. Liability based on fault
20. Qualification to fault theory
21. English and American law
22. Emphasis on insurance
23. Need for reform
24. Pronouncements of High Courts
25. Flaw in Patna ruling
26. Supreme Court decision
27. View of Supreme Court
28. Suggestions made by later decisions of the Supreme Court
29. Judgment of Supreme Court-Difficulties enumerated in another judgment
30,31. Recent judgment of the Supreme Court
32. Justification
33. Two major considerations justifying no fault liability
34. Reduction of delay
35. Position elsewhere as to no fault
36. Speeches in the House of Lords
37. Viscount Sankey's speech
38. Lord Buckmaster's speech
39. Lord Danesfort's speech
40. Objection anticipated
41. Third reading
42. Observations in 51st Report of the Law Commission of India
43. Arguments in support of no fault liability
44. Arguments against no fault liability
45. Introduction of liability without fault recommended
46. Position in other countries
47. Variety of schemes
48. Limitations recommended in cases of no fault liability
49. Limitations in other countries
50. Position in Nordic countries
51. Position in U.S.A
52. Maximum amount table to be annexed
53. Provision in Railway Act
54. Limits-Narrow views
55. Contributory negligence
56. View of most High Courts
57. Position in England
58. Modification of contributory negligence rule in some countries on continent
59. Difficulties of proof even in a system of comparative negligence
60. Recommendation-Contributory negligence to be disregarded
61. Cases of suicide excluded
62. Main features of proposed scheme and their rationale
63. New Chapter to be inserted
Chapter 3A Liability without Fault
Liability without Fault
64. Other alternatives considered for higher recovery on the basis of fault
65. Cases before the Tribunal to be decided on no fault basis
66. Claims before ordinary courts to be governed by fault
Chapter 4 Beneficiaries of Compulsory Insurance
4.1 Scope of the Chapter
2. Section 95(1), proviso
3. Persons excluded by virtue of section 91(1), proviso
4. Anomaly caused by present position as to owner of goods
5. Need for change
6. Social justice and judicial observations suggesting reform
7. Present position not justified
8. Recommendation as to section 95(1), proviso
Chapter 5 Limits on Liability of The Insurer
5.1 Scope
2. Need to delete the limits
3. Removal of limit under section 95(2) suggested by Supreme Court
4. Removal of limit suggested by High Courts
5. English Act
6. Section 95(2)-Recommendation to delete limit
7. Section 95(2)-Alternative recommendation to insert uniform lin of Rs. Two lakhs
8. Revised section 95(2)
Chapter 6 Duty to Furnish Particulars of Insurance and Accident
6.1 Supply of particulars by registering authority for police to Tribunal for injured person
2. Section 109-Supply of copies of information
3. Duty to give information
4. Recommendation to insert new sections imposing obligation on the police and the Hospital authorities to communicate certain information as to accidents
5. Position in Tamil Nadu
6. Rule in Tamil Nadu
7. Recommendation to insert sections 109A and 109B
Chapter 7 The Claims Tribunal
7.1 Scope
2. Appointment of members of the Tribunals
3. Section 110(1), proviso-Claims for damage to property
4. Difficulties created by section 110(1), proviso
5. Practical impact of proviso
6. Need for section 110, proviso, debatable-Deletion recommended
7,8,9. Recommendation
10. Section 110(4)
11. Power to transfer suit appeals and other proceedings
12. Recommendation to insert section 110(5)
Chapter 8 Application for Compensation
8.1 Section 110A(1)
2. Section 110A(2)
3. Section 110A(3)-Limitation
4. No change
5. Another question to be considered later
Chapter 9 Effect of Death, and The Meaning of "Legal Representative"
9.1 Effect of death-Death of the wrong-doer
2. Survival of the issue of action-Death of tort feasor
3. Death of the claimant during pendency of the claim
4. Section 110A(1)(b)-"Legal representative"
5. Meaning of "Legal representative"
6. Position under Fatal Accidents Act
7. Nature of right conferred by Fatal Accidents Act
8. Controversy as to meaning of "Legal representative" in Motor Vehicles Act
9,10. Question for consideration
11. Second view
12. Third view
13,14. Recommendation to define "legal representative"
15. Recommendation to insert section 2(11)
Chapter 10 Option Regarding Claims for Compensation
10.1,2. Section 110AA
Chapter 11 Parties
11.1,2. Scope
3. Controversy as to persons entitled to claim compensation
4. Delhi view
5. Kerala view
6. No change in section 110B
7. Section 110B to be amended to cover all persons liable
8. Position examined
9. Recommendation to amend section 110B
10. Amendment of section 110B to save limits as to quantum of compensation recommended
Chapter 12 Appearance of Parties
12.1 Appearance through legal practitioner
2. Madhya Pradesh rule
3. Section 110BB to be inserted
Chapter 13 Evidence and Procedure
13.1 Mode of recording evidence
2. Procedure in the Act
3. Provisions to be made in rules
Chapter 14 Interest Section 110CC
14.1 Section 110CC
2. Two periods to be dealt with
3. Interest prior to making of claim
4. Position under Interest Act, 1978
5. Later Acts
6. Need for parity as regards period before claims
7. Period after the making of the claim-need for parity
8. Section 110CC-Recommendation as to rate of interest and making interest mandatory
9. Recommendation to revise section 110CC
Chapter 15 Appeal and Execution
15.1 Section 110D(1)-Appeal
2. Recommendation to amend section 110D(1)
3. Section 110D(2)-Appeal in petty cases
4. Section 110E-Recommendation for deposit of amount of award
5. Deposit in High Court
6. New section 110EE recommended
Chapter 16 Jurisdiction and Limitation
16.1 Scope of the Chapter
2. Limit of jurisdiction-Territorial
3. Pecuniary limits
4. Section 110E-Discrepancy with section 110(1), proviso (Damage to property
5. Section 110E-Causes of action arising before constitution of Tribunal
6. Supreme Court judgment
7. Difficulty as to limitation
8. Need to amend section 110F
9. Section 110A(3)-Recommendation for amendment
10. Recommendation to amend section 110A(3)
Chapter 17 Rules
17.1 Present position
Chapter 18 Summary of Recommendations
Chapter 3-Liability without fault
Chapter 4-Beneficiaries of compulsory insurance: section 95(1)
Chapter 6-Duty to furnish particulars of insurance and accident
Chapter 7-The Claims Tribunal: section 110
Chapter 8-Application for compensation: section 110A
Chapter 11-Parties: section 110B
Chapter 14-Interest: section 110CC
Chapter 16-Jurisdiction and limitation: sections 110F and 110A(3)
Appendix 1 Extract from The Indian Railways Act, 1890
Appendix 2 Extract from The Workmen's Compensation Act, 1923
Appendix 3 Extract from The Carriage by Air Act, 1972
Liability of The Carrier
Appendix 4 Position in Selected Countries as to Compensation for Automobile Accidents
Introductory
Austria
Canada-Saskatchewan
Saskatchewan Legislation
Canada-Other Provinces
Denmark
England-Statutory provision
England-extra statutory machinery
Motor Insurer Bureau in England
Finland
France
Forum in France
West German
Position as to collisions
Road Traffic Act-The Civil Aspect
Contributory negligence
Road Traffic accidents in Germany-Some matters of detail
Japan
Legislation in Japan
Liability in Japan
Use of concepts
Compulsory liability insurance in Japan
Government compensation in Japan
New Zealand
Compensation-Scope of-in New Zealand
Injuries covered in New Zealand
Statutory Commissio
Procedure-Formal application
Earners' scheme in New Zealand
Funds created in New Zealand
Norway
Accident insurance in Norway
Sweden-general position
Swedish law of torts
Swedish Act of 1916 as to motor vehicles
Swedish Act of 1975 as to traffic damage
Personal injury Boards in Sweden
Procedure of Boards
Switzerland
U.S.A
Schemes in U.S.A
Limitations-Illinois plan
Unique aspect of Michigan law-Proprietary loss
Tribunals in New York
Uniform Motor Vehicle Accident Reparation Act
Benefits under the uniform Act in U.S.A
Payment of benefits under the Uniform Act


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