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AmendmentAct

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"<br />

•<br />

5/2/2012<br />

(c) the SMV A shall not incur any liability unless summons issued<br />

under paragraph (b) has been properly served on it within two<br />

years and 180 days from the date of the occurrence which gave rise<br />

to the bodily injury or death, and the provisions of this paragraph<br />

shall also be applicable to all claimants, irrespective of whether<br />

they are subject to anylegal<br />

disability.<br />

(3) In an action brought under this section, the issues before the court shall,<br />

subject to the provisions of this section, be the same as the issues which would have been<br />

before the court if the motor vehicle had been identified.<br />

(4) If so required by the SMVA Fund and provided the SMVA Fund grants<br />

the claimant full indemnity as regards costs, the claimant who brings an action under this<br />

section shall sue in the same action all such other persons<br />

require him to sue.<br />

as the SMVA Fund may<br />

(5) The SMVA Fund shall, at any time after having received a claim under<br />

subsection (2) (a), be entitled to require any person who has suffered bodily injury giving<br />

rise to the claim to -<br />

(a) submit at the expense. of the SMVA Fund, to a medical<br />

examination or examinations by medical practitioners appointed by<br />

the SMVA Fund;<br />

(b) submit at the request of the SMVA Fund or any of his<br />

representatives<br />

interrogation<br />

or any person so instructed by the SMVA Fund, to<br />

by such parties at a place indicated by the SMV A<br />

40

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