MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 29A
MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 29A
29A . Court may grant leave to proceed
Notwithstanding the
provisions of section 7(2) and (3), section 8(5), and section 29(1), where the
court in which an action is brought, or (as the case may be) is sought to be
brought, to recover damages against an insured person or the Commission in
respect of the death of, or bodily injury to, any person, directly caused by,
or by the driving of, an insured or an uninsured motor vehicle, considers the
failure to give notice, or the defect in any notice, or the failure to make
due search and inquiry, as required by one or other of those subsections, was
occasioned by mistake, inadvertence or any other reasonable cause or that the
Commission is not materially prejudiced in its defence or otherwise by the
failure or defect, the court may —
(a)
where the action is commenced, at any stage of the proceedings, if it thinks
fit, relieve the plaintiff of the effect of that failure or defect; or
(b)
where an action is sought to be brought, if it thinks fit, grant the applicant
leave to proceed, notwithstanding that failure or defect.
[Section 29A inserted: No. 72 of 1962 s. 10;
amended: No. 95 of 1966 s. 19; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 14;
No. 13 of 1994 s. 11; No. 28 of 2003 s. 122(4).]