Torts project - Payment of Compensation in Hit and Run Motor Accident.

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TORTS   PROJECT

   Payment of Compensation in Hit and Run

                      Motor Accident

THIS PROJECT IS SUBMITTED AS THE PARTIAL FULFILMENT OF THE B Sc LLB (Hons.) COURSE

 

SUBMITTED TO:                                                        SUBMITTED BY:

Miss. Stellina Jolly                                                 Nilesh Bairwa

                                                                                      B.A. LL.B (Hons)

FACULTY OF TORTS                                                          I SEMESTER

NATIONAL LAW UNIVRSITY                                   (ROLL NO.291)

                                     

ACKNOWLEDGEMENT

I NILESH BAIRWA student of B.A. LL.B.(Hons.) sincerely express my gratitude

towards our faculty member Ms. Stellina Jolly for giving me the chance to research

On the topic

PAYMENT OF COMPENSATION IN HIT AND RUN MOTOR ACCIDENT”.

I would thank almighty god to give me the to work on this project. Moreover, I would also thank our librarian, my seniors who helped me in accomplishing this project and last but not the least my friends and parents specially my father who were there in every step of this project to assist me.  

OBJECTIVES AND METHODOLOGY

OBJECTIVES:

1: TO FIND OUT AND STUDY THE PAYMENT OF COMPENSATION IN HIT AND RUN MOTOR ACCIDENT.

2: TO DRAW UP THE BASIC TRENDS BY ANALYSING VARIOUS CASES

METHODOLOGY

THE BASIC METHODOLOGY ADOPTED TO PREPARE THIS RESEARCH IS DEDUCTIVE THAT IS TO STUDY VARIOUS CASES, TO ANALYSE THE LAWS IN THE SAME TOPIC AND UNDERSTAND THE GENERAL PRINCIPLE TO DRAW A GENERAL CONCLUSION.

Introduction

The number of people who get killed or maimed in motor vehicle accidents is growing day by day. The main source of succor to such hapless people and their dependants is the compensation that they are entitled to receive under law. But right from 1956, motor accident compensation law has been in a state of flux. It was in that year that the legislature amended the Motor Vehicles Act, 1939 by inserting several new sections. Over the years, many more amendments followed and in 1988, a new Motor Vehicles Act replaced the old one. This book studies various new rights created by the Motor Vehicles Act, 1988 for claiming compensation in case of any death or bodily injury caused in an accident arising out of the use of a motor vehicle.

Over the years, the judiciary has not only been called upon from time to time to interpret these statutory provisions and apply them to different facts and situations, but also to lay down the legal principles for assessing compensation. The Motor Vehicles Act, 1988 does not provide any guidelines for the identification of the items of loss to be compensated; nor does it lay down any criteria for the computation of the quantum of compensation for each item of loss. The author has successfully dealt with such and other important questions.

COMPENSATION PROVISION OF THE MOTOR VEHICLES ACT

The motor vehicles Act, 1988, like the earlier Act of 1939, makes the insurance of motor vehicles compulsory. The owner of every motor vehicle is bound to insure his vehicle against third party risk. The insurance company, i.e., the insurer covers the risk of loss to the third party by the use of the motor vehicle. Thus, if there is insurance against third party risk, the person suffering due to the accident caused by the use of motor vehicle may recover compensation either from the owner or the driver of the vehicle, or from the insurance company, or from them jointly. All such person risk of loss to whom, on account to the use of thevehicle,is required to be covered are ‘third party’ in the sense that they are other than the ‘first party’ the insurer and the ‘second party’ the insured.

Chapter XI of the Act (Sections 145 to 164) contains provisions concerning “Insurance of Motor Vehicles against Third Party –Risks”, According to section 146, no person can use, except as a passenger, or cause or allow any other person to use a motor vehicle in a public place, unless an insurance policy against third party risks, as required by this Chapter, is in force , in relation to use of the vehicle. Section 146 (1), which contains the relevant provision is as under:

“No person shall use, except as a passenger, or  cause or allow any other person to  use a motor vehicle in a public place, unless there is, in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements.”

SECTION 161

Special provision as to compensation in case of hit and run motor accident

  1. For the purpose of this section, Section 162 and Section 163

  1. “grievous hurt” shall have the same meaning as in the Indian Penal Code (45 of 1860);
  2. “hit and run motor accident” means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose;
  3. “scheme” means the scheme framed under Section 163.

  1. Notwithstanding anything contained),  in the General Insurance Business (Nationalization) Act, 1972 ( 57 of 1972 ), or any other law for the time being in force or any instrument having the force of law, the General Insurance Corporation of India formed under Section 9 of the said Act and the insurance companies for the time being carrying on general insurance business in India shall provide for paying in accordance with the provision of this Act and the scheme, compensation in respect of the death of, or grievous hurt to , person resulting from hit and run motor accidents.
  2. Subject provisions of this Act and the scheme, there shall be paid as compensation,-
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  1. in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of  [twelve thousand and five hundred rupees].
  2. In respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of[twelve thousand and five hundred rupees].

(4) the provision of  sub- section (1) of Section 166 shall apply for the purpose of making applications for compensation under this section as they apply for the purpose of making applications for compensation referred to in that sub- section.

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