A Reflection on the Obligations of the Bodily Indemnity Injury Fund in the Payment of Unclaimed Blood Money before Enactment of the Compulsory Insurance Act 2008

One of the significant changes in the Compulsory Insurance Acts 2008 and 2016 compared to the former laws (1968) was the omission of the limit in the maximum blood money payment by the Bodily Indemnity Injury Fund. According to Act 1968, payment of blood money by the fund has a maximum obligation, and accordingly, if a person was injured in a driving accident and died in recent years, the amount of money payable to the avenger of blood was up to the maximum obligation of the fund in the accident year, not the full blood money. This issue became more complex when in recent years some cases were brought to the judiciary in which the date of occurrence of the accident was before 2008 but the date of investigation of the case and issuance of the verdict was at present. The main question is that the law ruling these accidents is the past law or the present one? In other words, how much is the obligation of the Bodily Indemnity Injury Fund for the unclaimed blood money for the accidents that occurred before the enactment of Act 2008? Besides, how the conflict between the rule of blood money payment at the day rate and observance of the maximum obligations of the fund can be solved? There are different views for answering these questions and each one has some justifications for proving themselves. In this article, these views and acceptance of the optional view are expressed and some suggestions will be offered for solving the conflict.