Torts Project : Payment of Compensation in Hit and Run Motor Accident

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PAYMENT OF COMPENSATION IN HIT AND RUN MOTOR ACCIDENT

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.

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