Rights of third party beneficiaries under compulsory motor vehicle liability insurance in Tanzania: Law and practice
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Date
2014
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of Dar es Salaam
Abstract
This study deals with the law relating to third party rights under compulsory motor vehicle insurance in Tanzania. The main purpose of the study was to see whether third parties under compulsory motor vehicle insurance have automatic rights to cover compensation from the insurner after sustaining injuries in road accidents. Introductory part provides for the background, states the problem and the objective of the study. It also explains the hypothesis and sums up a literature review. The methodology and procedure for data collection employed in the field was based on both documentary review and field research within a framework of a case study approach. Interviews with accident victims, government officials, traffic police and observations were done accordingly. The study has revealed the pattern and trends of motor vehicles` accidents in Tanzania from 2007 to 2011.it shows that the accident occurrence was increasing every year, passengers and pedestrians are always at highest risk of being injured or killed on the road. The aims of enacting of third part insurance in Tanzania and its legal shortcomings have been presented in the conceptual framework of compulsory third party motor vehicle insurance. The study has also described different types of challenges facing the third party in pursuing his rights from the insurer. In the process, the practical aspect has come up with the findings that compulsory motor insurance law does not provide an adequate scheme for the protection of the third parties who fall victims of motor vehicle road accidents, because it is still based on the ‘common law fault system’. It is therefore recommended that current law on compulsory motor insurance, part from being insufficient, is outdated and needs to be reviewed so as to meet the intended expectations of its enactment.
Description
Available in printed form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS EAF KRD.M872)
Keywords
Automoblie insuarance, Law and legislation, Tanzania
Citation
Mushi, E.T (2014) Rights of third party beneficiaries under compulsory motor vehicle liability insurance in Tanzania: Law and practice.Master dissertation, University of Dar es Salaam, Dar es Salaam.