COMPENSATION CLAIMS

Hawera Star, Volume LIV, 24 August 1935, Page 8

COMPENSATION CLAIMS

LIABILITY OF AIOTORTSTS UNION CONFERENCE DISCUSSION Proposals that compensation should be paid in all motor accidents in exactly the same way as it was paid under the Workers’ Compensation Act, as formulated by three AVellington barristers, -were opposed by the North Island Alotor Union conference yesterday when a lengthy report was received.

The question'first arose when a AVellington newspaper obtained the views of three lawyers who suggested that compensation should be paid irrespective of negligence. This was considered by the conference as a sweeping indictment of motorists who, in a majority of cases, were not to blame and it was considered wholly unjustifiable. A resolution opposing the adoption of any such principle was carried unanimous. iyThe report presented by the secretary, Air AV. G. AValldey, stated that in the course of Air O’Regan’s statement he. was reported to have said that a certain amount should be payable by way of compensation to anyone injured through a motor-car accident, including pedestrians, the amount to be on exactly the same principle as compensation is payable under the AVorkers’ Compensation Act. A certain amount, to be prescribed by Statute, should be payable irrespective of the amount of the negligence. Air Batt (Wellington) then moved a motion, which was carried unanimous, ly, that the union disagree with Air. O’Regan’s proposals and that the report submitted, by the secretary he adopted. . In speaking to the motion, Mr b. W. Johnston, president of the South Island Union, said the matter was wrapped up with the trial by jury question, which the union had now shelved for six months. If the present system of trial of motor accidents by juries was maintained the position would rapidly he reached in which damages would be awarded irrespective of proof of negligence. Otherwise it would mean tRe adoption of the principle followed in America of jury compensation in all cases. 1 . He favoured the setting up of a special tribunal for the hearing of such claims, with a president of some practical experience and preferably some leral knowledge as well, with two assessors, and with a right of appeal to the Court of Appeal, where matters of legal principles were involved.