Section 110-A of the Motor Vehicles Act does not lay down substantive lawSubstantive Law The law governs the original rights and obligations of individuals, deriving from common law, statutes, or a constitution. It includes rights such as recovering for breach of contract, negligence, fraud, and statutory rights like suing for employment discrimination. The case of Sibbach v. Wilson (1941) exemplifies how courts determine if a law is substantive. The case emphasized that a party undergoing a medical examination was a procedural, not substantive matter, as no such right existed in common law or statute. This highlights the distinction between procedural and substantive law. in the matter of damages or compensation.
It provides only a procedure and a forum for adjudication in regard to disputes relating to compensation. In order that a claimant be entitled to compensation under the provisions of the Act, it must be established that the accident was caused on account of rash and negligent driving of the driver of the vehicle involved in the case.
In other words, Section 110-A provides the procedure and forum to work out the rights accruing to claimants under the common lawCommon law The legal system that originated in England and is now in use in the United States. It is based on court decisions rather than statutes passed by the legislature. of Torts.