asked the Minister for Local Government whether he will introduce legislation to ensure that where a person has been awarded damages against a motorist, who is insured against third party claims for injury under the Road Traffic Acts, the assignee in bankruptcy will not be entitled to the indemnity payment made by the insurer's insurance company, where the motorist is a bankrupt.
Ceisteanna—Questions. Oral Answers. - Accident Damages against Bankrupt Motorists.
47.
I would refer the Deputy to the provisions of Section 78 of the Road Traffic Act, 1933. If it is found in practice that these provisions require amendment, consideration can be given to the matter in connection with the new road traffic legislation which is in course of preparation.
Will the Minister examine this question and arrange for such amendments to be made in the Act, in view of a recent case in the courts? Further, in examining this matter, will he advert to the fact that as the award passes to the assignee in bankruptcy, over and above the injury suffered by the aggrieved party, it appears under the Bankruptcy Acts the assignee in bankruptcy collects ten per cent. of the award by way of stamp duty and will he take steps to have that obvious loophole in the Road Traffic Acts closed for the benefit of the injured party?
I shall have that fully examined.