MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 29

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 29

29 .         Notice of claim

        (1)         A person shall not, in respect of the death or bodily injury to a person directly caused by, or by the driving of, an insured or an uninsured motor vehicle by another person which may, under the provisions of this Act, give rise to an action or proceeding for damages against either an insured person or the Commission, commence or maintain such an action or proceeding unless the person proposing to claim the damages or some person on his behalf has given to the Commission, as soon as practicable after the occurrence giving rise to the claim, notice in writing prescribed by the regulations of his intention to make the claim.

        (2)         Where a person (hereafter in this section called the claimant ) or some person on his behalf has given the notice referred to in subsection (1) but he or some person on his behalf has not, within the period of 6 months after the occurrence giving rise to the claim, commenced an action or proceeding making the claim the Commission may, pursuant to a summons with an affidavit in support containing a brief statement of the facts to be relied on, make, subject to subsection (3), an application to a judge of the Supreme Court or of the District Court (hereafter in this section called the judge) for an order that such an action or proceeding be commenced.

        (3)         The judge shall not hear the application referred to in subsection (2) unless the Commission has, at least 14 days before the day fixed for the hearing, served on the claimant a copy of the summons and the affidavit in support.

        (4)         On hearing an application made pursuant to subsection (2) the judge may make an order —

            (a)         fixing the time after service of the order on the claimant within which the action or proceeding referred to in that subsection shall be commenced; or

            (b)         adjourning the application (with liberty to the Commission to apply) —

                  (i)         for an indefinite period or such a period as the judge thinks fit; and

                  (ii)         on such terms and conditions as he thinks fit,

                and may make such other and further order as he thinks fit.

        (5)         On any later hearing of an application adjourned pursuant to subsection (4)(b) the judge has all the powers he had under that subsection in respect of the first hearing.

        (6)         Where, before the end of the time fixed by any order of the judge pursuant to subsection (4)(a), an application for an extension of that time is filed in the Supreme Court or the District Court, as the case requires, the judge may order the extension.

        (7)         Where the judge makes an order pursuant to subsection (4)(a) and the action or proceeding has not been commenced within the time fixed, or any extension of it pursuant to subsection (6), the claim of the claimant and any rights he may have had in respect of it are forever barred and extinguished.

        [Section 29 inserted: No. 21 of 1969 s. 5; amended: No. 42 of 1972 s. 8; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 14; No. 13 of 1994 s. 10.]