§ 19. Mr. PIKEasked the Minister of Transport if he is aware that the protection afforded to the public by compulsory insurance is avoided when the death of the person causing the injury takes place prior to an ascertainment of damages, with the result that the insurance company concerned is released from all responsibility; and if he will take steps to amend the law in this respect?
§ The MINISTER of TRANSPORT (Mr. Pybus)As I have explained on previous occasions the legal proposition that a right of personal action ceases on the death of the person against whom it may be brought is of wide application and, although the point was considered when the Road Traffic Bill was before the House two years ago, Parliament decided that it would not be right to depart from this general principle in the particular case of motor injuries.
§ Mr. PIKEIn view of the compulsory nature of motor insurance, does not the Minister consider that the time has arrived when a change should be made in the law?
§ Mr. PYBUSNo, Sir. I suggest that it is too recent since the passing of the Road Traffic Act.
§ Mr. T. WILLIAMSIs the hon. Gentleman not aware that many grave injustices have occurred as a result of this system, and does he not think that it ought to be reconsidered in the light of the last two years' experience?
§ Mr. PYBUSBut in the case of a motor accident the principal witness for the defence is as a rule dead.
§ Mr. PIKEShould not compulsory insurance be coupled with compulsory responsibility on the part of the insurance company, to meet their responsibility in respect of the insured person?
§ Mr. PYBUSParliament considered that point very carefully when the Bill was passing through the House, and decided against it.
§ 20. Mr. PIKEasked the Minister of Transport whether he is aware that numerous cases arise in connection with the non-observance of conditions in policies of assurance relating to motor vehicles which result in the vehicle being uninsured at the time of an accident, and so rendering the insurance company free of liability; and if he will take steps to ensure to relatives of accident victims means of obtaining payment of damages?
§ Mr. PYBUSMuch as I sympathise with the victims in these cases, I cannot see any practicable form of legislation that would ensure in all cases the payment of damages to third parties when the motorist renders himself uninsured owing to the non-observance of conditions contained in his policy. Under Section 35 of the Road Traffic Act, 1930, a motorist is liable to heavy penalties if he uses a motor vehicle in respect of which no valid policy of insurance or other form of security is in force.