s. 106 (c) is not entitled to be indemnified in respect of the payment of those damages under a contract of insurance complying with Division 1 of Part V of the Motor Car Act 1958 as in force immediately before the commencement of section 34; and (d) is not a person with whom an agreement under section 70, 71, 72, 73 or 74 of the Motor Accidents Act 1973 was in force at the time of the accident— the first-mentioned person is liable to pay to the Commission the amount paid by the Commission or the Motor Accidents Board or, if the amount of the damages recovered is less than the amount paid by the Commission or the Motor Accidents Board, the amount of the damages. (2) In subsection (1), does not include an damages amount of compensation paid under the provisions of section 98 of the Accident Compensation Act or section 11 of the 1985 Workers Compensation Act 1958 or of a law that is, in relation to those provisions, a corresponding law. 106 Contributory negligence If damages recoverable by a person in respect of an injury or death as a result of an accident to which Division 1 of Part 10 applies were reduced or an amount recoverable by a person by way of indemnity in respect of an injury or death was reduced by reason that the person who was injured or died was partly responsible for the injury or death, the amount payable to the Commission under section 105 is reduced by the amount that bears, in relation to the amount paid by the Commission, the same proportion as the amount by which the damages recovered were, or the amount recovered by way of indemnity was, reduced bears to the damages or amount by way
(c) is not entitled to be indemnified in respect of the payment of those damages under a contract of insurance complying with Division 1 of Part V of the Motor Car Act 1958 as in force immediately before the commencement of section 34; and (d) is not a person with whom an agreement under section 70, 71, 72, 73 or 74 of the Motor Accidents Act 1973 was in force at the time of the accident— the first-mentioned person is liable to pay to the Commission the amount paid by the Commission or the Motor Accidents Board or, if the amount of the damages recovered is less than the amount paid by the Commission or the Motor Accidents Board, the amount of the damages. (2) In subsection (1), damages does not include an amount of compensation paid under the provisions of section 98 of the Accident Compensation Act 1985 or section 11 of the Workers Compensation Act 1958 or of a law that is, in relation to those provisions, a corresponding law. s. 106 106 Contributory negligence If damages recoverable by a person in respect of an injury or death as a result of an accident to which Division 1 of Part 10 applies were reduced or an amount recoverable by a person by way of indemnity in respect of an injury or death was reduced by reason that the person who was injured or died was partly responsible for the injury or death, the amount payable to the Commission under section 105 is reduced by the amount that bears, in relation to the amount paid by the Commission, the same proportion as the amount by which the damages recovered were, or the amount recovered by way of indemnity was, reduced bears to the damages or amount by way
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