7Liability of the Commission

7. Liability of the Commission

(1) Any person who has obtained a judgment against an insured person in respect of negligence causing death or bodily injury, being death or bodily injury directly caused by, or by the driving of, a motor vehicle specified in a policy of insurance under this Act may recover by action from the Commission such amount of the money (including costs or a proportionate part thereof) payable pursuant to the judgment as relates to death or bodily injury and is unsatisfied.

(1A) When the judgment against the insured person was obtained within the State, subsection (1)shall not apply unless before the action in which such judgment was obtained came on for hearing, the Commission knew that that action had been commenced.

(1B) The right to recover under subsection (1)shall be subject to any limitations prescribed by the policy of insurance as to the amount in respect of which the insured is indemnified.

(2) Where an insured person has caused death or bodily injury by negligence, being death or bodily injury directly caused by, or by the driving of, a motor vehicle specified in a policy of insurance under this Act but that insured person is dead or cannot be served with process, any person who could have obtained a judgment in respect of the death or bodily injury so caused against that insured person if he were living or if he had been served with process may recover by action against the Commission the amount of the judgment which he could have so recovered against the insured person. Provided that he shall not be entitled to so recover unless he proves that he gave to the Commission notice of the claim and a short statement of the grounds thereof as soon as practicable after he knew that the insured person was dead or could not be served with process, or that such notice was given within such time as would prevent the possibility of the Commission being prejudiced by want of such notice.

(3) Where the driver of a motor vehicle has caused death or bodily injury by negligence, being death or bodily injury directly caused by, or by the driving of, a motor vehicle but the identity of the vehicle cannot be ascertained, any person who could have obtained a judgment in respect of the death or bodily injury so caused against that driver may obtain by action against the Commission the judgment which, in the circumstances, he could have recovered against the driver of the vehicle: Provided that as soon as practicable after the happening of the accident

(a) he made due search and inquiry to ascertain the identity of the vehicle; and

(b) he gave to the Commission notice in writing of the claim and a short statement of the grounds thereof.

(4) It shall be no defence by the Commission to an action against it under this section that it is not liable under a policy of insurance by reason of the fact that —