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Excepted persons.
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65.—(1) In this Part of this Act “excepted persons” means the following persons:
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(a) any person claiming in respect of injury to person to himself sustained while he was in or on a mechanically propelled vehicle to which the relevant document relates, other than a mechanically propelled vehicle of a class specified for the purposes of this paragraph by the Minister by regulations,
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(b) any person claiming in respect of injury to person to another person where—
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(i) in case the injury caused the other person's death—the other person would, assuming that the injury had not caused his death, be an excepted person under paragraph (a) of this subsection if he were himself claiming in respect of the injury, and
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(ii) in any other case—the other person would be such an excepted person if he were so claiming,
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(c) any person claiming in respect of injury to property sustained while the property was in or on a mechanically propelled vehicle to which the relevant document relates,
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(d) any person claiming in respect of injury to property sustained while the property was owned by or was in the possession, custody or control of the insured or the principal debtor in the relevant document,
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(e) any person claiming in respect of injury to any weighbridge or to any road or to anything in or below the surface of a road due to the weight of or vibration caused by a mechanically propelled vehicle to which the relevant document relates,
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(f) any person claiming in respect of injury to property due to an explosion of a boiler forming part of a mechanically propelled vehicle to which the relevant document relates or due to sparks or ashes proceeding from any such vehicle, and
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(g) any person claiming in respect of an injury to himself or any other person in respect of which he would be entitled to claim against the insured or the principal debtor in the relevant document and be awarded compensation or other relief under the Workmen's Compensation Acts, 1934 to 1955.
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(2) In this section—
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(a) “relevant document” means the approved policy of insurance or the approved guarantee in relation to which the expression “excepted persons” is used, and
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(b) references to injury sustained while in or on a vehicle include injury sustained while entering, getting on to, being put into or on, alighting from, or being taken out of or off, the vehicle, and injury caused by being thrown out of or off the vehicle.
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