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Report No. 119

Chapter V

Conclusion

5.1. Compensation for victims of motor accidents is itself, to some extent, a measure of social justice as also a facet of social security. Compulsory insurance for third party risk supports this inference. If that be so, availability of social justice and social security must be within the easy reach of people entitled to it. Victims of accidents, excluding some very rich persons, belong to this class. As against poor pedestrians or travellers in cheap vehicles as motor rickshaws and not so very road-worthy buses on contract carriage hired by weaker sections of society, the insurer and the insured are better placed.

Further, the cost of transport of witnesses, claimants, the inconvenience of prosecuting litigation in a wholly unknown area may induce an instinctive reaction to the initiation of proceedings. To counteract this position, it is necessary to amend section 110A(2) so as to provide therein that every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or personally works for gain or within the local limits of whose jurisdiction the defendant resides or carries on business or works for gain, at the option of the claimant.

5.2. Necessary consequential amendments may have to be made in the rules, forms, etc.

D.A. Desai,
Chairman.

S.C. Chose,
Member.

Mrs. V.S. Rama Devi,
Member-Secretary.

New Delhi,

Dated: 19th February, 1987.



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