Page 78 - Motor Insurance Ebook IC 72

The Insurance Times

Q11. What is the time limit for filing appeal before the
Ans: High Court?
Appeal to High Court against an award of the Tribunal
should be filed within ninety days from the date of the
award. However, the High Court may entertain the
appeal even after the expiry of the said period of ninety
days, if it is satisfied that the appellant was prevented
by sufficient cause from preferring the appeal in time.

Q12. What is "No Fault Liability"? Whether insurer is
Ans: liable to pay compensation without Fault" to third
party?
Payment of compensation to motor vehicle victims was
based on law of tort, governed by the 'principle of fault'.
Accordingly, the victims required to prove fault of the
person in causing the personal injury or death against
whom the claim for compensation was made.

However, the principle of "No Fault Liability" in short
NFL, also known as 'Liability without Fault" is an
exception to the principle of fault, where the victims
is entitled for compensation notwithstanding whether
or not the same is caused by the fault of the person
against whom the claim for compensation was made.

This is a departure from the usual common law principle

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