section 7
Insertion of new sections 19A and 19B in Bom.
The Bombay Aerial Ropeways (Gujarat Amendment) Act, 2004General200415 sections
Statutory text
III of 1956 In the principal Act. after section 19, the following new sections shall be inserted, namely:- "19A (I) The promoter of every aerial ropeway sha~i' obtain a policy of insurance in respect of the aerial ropcway from an authorised insurer recognised under the relcvan: instirancc law. (2) 'The policy of insurance obtained by the promoter under sub-section
- (1) shall cover the insurance of the person traveling in the aerial ropeway including those persons employed by the promoter in cunnectlun wick the operation of such aerial ropeway against any liability which may be incurred by him in respect of the death of or bodily injury to any person including of tle gods or his authorized I-epresentatives carried in the aerial ropcway or darn& to any propel-fy of third party caused by or arjsing out of the use of aerial ropcway. 19B. (I ) Where death or pamment disablement of any person he ESQ!~~ frm. 8n arxirlent arising out of the use of aerial ropeway, the promoter or promoters of the aerial ropeway shaii jointly and severaiiy, te liable to pay compensation in respect of such death or disablement of any person.
- (2) The amount of compensation to b paid under sub- section
- (1) shall be a fixed sum of rupees two lacs in case of death of any person and rupees fifty thousand in case of permanent disablement of any person and in the case of minor injuries such sum not exceeding rupees twenty-five thousand as may be determined by the Advisory Board,
- (3) A claim for compensation under sub-section
- (1) shall neither be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement, the claim has ken made nor shdl k quantum of cornpensahon recoverable in respect of such death or pernlanent disablement be reduced on the basis 'of the share of such person in the responsibility for such death ar permanent disablement. (4) The right to claim compensation under this section in respect of death or ' peimanent disabIement of any person shall k in addrtson to the right of any such person to claim compensation in respect thereof under any other I aw for the time being in force: Provided ihat the amount of compensation payable under any other law for the death or bodily injury shall be reduced from the amount of compensation payable under !his section.".
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