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Session Laws, 1957
Volume 640, Page 1569   View pdf image (33K)
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Theodore R. McKeldin, Governor                   1569

145M. Limitation on amounts payable from fund.

(a)   The maximum amounts payable from the fund shall be ten
thousand dollars ($10,000.00), exclusive of interest and costs, on
account of injury to, or death of, one person in any one accident;
subject to such limit for any one person so injured or killed, twenty
thousand dollars ($20,000.00), exclusive of interest and costs, on
account of injury to, or death of, more than one person, in any one
accident; and five thousand dollars ($5,000.00), exclusive of interest
and costs, for damages to property in any one accident.

(b)   There shall be deducted from the applicable maximum amount
set forth in sub-section (a) of this section or from the amount of the
judgment, whichever is smaller, the total of the following:

(1)  two hundred dollars ($200.00); ONE HUNDRED DOLLARS
($100.00) ;

(2)  all amounts that the applicant has received or, in the opinion
of the court, is likely to receive from any source, in or toward pay-
ment of the judgment;

(3)  All amounts that the applicant has received or, in the opinion
of the court, is likely to receive, in or toward payment of a judgment
or claim against any person against whom the applicant has or had a
cause of action for damages for bodily injury or death or damage to
property, arising out of the same accident;

(4) the total amount or value of all compensation, medical ex-

penses and other benefits, paid or to be paid pursuant to any work-

men's compensation or similar law on account of such injuries or

death; and

(5) the amounts received or recoverable for indemnity or other
benefits for such injury or death or for damage to property from any

(c)  Any amount paid out of the fund in excess of the amount so
authorized may be recovered by the treasurer in an action brought
by him against the person receiving the same.

(d)  Notwithstanding the provisions of any workmen's compensa-
tion or similar law to the contrary, neither the employer of an
injured person or decedent, nor the insurer of such employer, shall
be entitled to a lien on payment from the fund where the amount of
such payment has been reduced by the amount of benefits paid or to
be paid pursuant to any workmen's compensation or similar law, nor
shall such benefits be reduced because of such reduced payment from
the fund.

Section 145N. Default and consent judgments.

(a) No claim shall be allowed and ordered to be paid out of the
fund if the court shall find, upon the hearing for the allowance of the
claim, that it is founded upon a judgment which was entered by de-
fault unless

(1) the claimant shall have complied with the requirements of
section 145E, and

50

 

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Session Laws, 1957
Volume 640, Page 1569   View pdf image (33K)
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