Criminal Law GK - 9 Motor Vehicles amendment Act 2019, Insurance, Punishment for Traffic Law Violations, Punishment for hit and run, juveniles, Challan payment, Appeals, Application for Motor Vehicle accident compensation
 

SNo Legal Term/Question Answer
1 What is the necessity for insurance against 3rd Party risk As per Section 146 of the Motor Vehicles Amendment Act 2019

(1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter:

Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991.

2 What are the rights of insurer against 3rd party or insurer

As per Section 151 (1) Where under any contract of insurance affected in accordance with the provisions of this Chapter, a person is insured against liabilities which he may incur to third party, then-

(a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors; or

(b) where the insured person is a company, in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to the company or of a receiver or manager of the company's business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred.

(2) Where an order for the administration of the estate of a deceased debtor is made according to the law of insolvency, then, if any debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this Chapter, the deceased debtor's rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the person to whom the debt is owing.

(3) Any condition in a policy issued for the purposes of this Chapter purporting, either directly or indirectly, to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub-section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency, shall be of no effect.

(4) Upon a transfer under sub-section (1) or sub-section (2), the insurer shall be under the same liability to the third party as he would have been to the insured person, but-

(a) if the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess amount; and

(b) if the liability of the insurer to the insured person is less than the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the third party against the insured person in respect of the balance amount.

3 What is the law regarding settlement between insurers and insured person As per Section 153 (1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement.
4 Can insurance policy be transferred Yes, As per Section157 of the Act insurance policy can be transferred.
5 What is the requirement of producing certificates before the police officer

As per Section 158 of the Act (1) Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State Government, produce-

(a) the certificate of insurance;

(b) the certificate of registration;

(c) the pollution under control certificate;

(d) the driving licence;

(e) in the case of a transport vehicle, also the certificate of fitness referred to in section 56, and the permit; and

(f) any certificate or authorisation of exemption that has been granted under this Act, relating to the use of the vehicle.

6 What is the law regarding giving of information about accident As per Section 159 of the the police officer shall, during the investigation, prepare an accident information report to facilitate the settlement of claim in such form and manner, within three months and containing such particulars and submit the same to the Claims Tribunal and such other agency as may be prescribed.
7 What is the duty to furnish particulars of vehicle involved in the accident As per Section 160 registering authority or the officer-in-charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee, any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the Central Government may prescribe.
8 What is the Special provisions as to compensation in case of hit and run motor accident As per Section 161 (2) Subject to the provisions of this Act and the scheme made under sub-section (3), there shall be paid as compensation,-

(a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the Central Government;

(b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government.

9 What is the law regarding Payment of compensation in case of death or grievous hurt, etc

As per Section 164 (1) the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be.

(2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person.

(3) Where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of compensation shall be reduced from the amount of compensation payable under this section.

10 What is the law regarding Motor Vehicle Accident Fund As per Section 164B (1) of the Act the Central Government shall constitute a Fund to be called the Motor Vehicle Accident Fund

 

 

SNo Legal Term/Question Answer
11 What is the punishment for alteration As per Section 182A (1) Whoever, being a manufacturer, importer or dealer of motor vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees per such motor vehicle or with both.
12 What is the punishment for accident related offences First Time Rs. 5000 and / or imprisonment of upto 6 months

Second Time Rs. 10000 and / or Imprisonment upto 1 year

 

13 What is the punishment for violation of road rule Fine of Rs. 500/-
14 What is the punishment for Violations of licensing conditions (Aggregators) Fine of Rs. 25000 to Rs. 1 Lakh
15 What is the punishment for overloading of passengers Fine of Rs. 1000 per extra passenger
16 What is the punishment for not Providing Way for Emergency Vehicles  Fine of Rs.10,000 and/or Imprisonment of 6 months
17 What is the punishment for offences by juveniles Fine of Rs. Rs.25,000 with Imprisonment of 3 years for which the Guardian / Owner shall be deemed to be guilty.
18 What is the power of Power of Officers to Impound Documents Suspension of Driving License Suspension of under Section 183, 184, 185, 189, 190, 194C, 194D, 194E
19 What is the punishment for Offences Committed by Enforcing Officers Double the Penalty under Relevant Section
20 Can the offence be compounded Most of the offences can be compounded by paying the amount of fine at the spot.

 

SNo Legal Term/Question Answer
21 What happens if the challan is not compounded or the person is inclined to contest the challan In such cases traffic police submits the challan in court.
22 What to do when you do not want to contest the challan You may authorize somebone to appear before the court and pay the fine to be imposed by the court.
23 What happens if you contest the challan The case would be send to the criminal court for trial.
24 Is it necessary to take bail You may have to apply for bail
25 What to do when Motor Vehicle accident happens at your hand If the person try to escape it may lead to a number of adverse inferences
26 What are the possible sections of IPC under which case will be registered Section 279, 337, 338 or 304A of IPC.
27 Are these offences bailable Yes, all these offences are bailable
28 What to do when accident happened You are required to wait for the arrival of Police. If there is apprehension of thrashing by public, you may straight way go to Police officer or Magistrate to surrender.
29 What happens if you run away If you run away, other than legal complications, if the victim is at guilty, you will not be able to notice and collect the evidence.
30 What is the time limit to file appeal under the Motor Vehicle Act As per Section 173 of the Act:
(1) Subject to the provisions of sub-section (2) any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the manner directed by the High Court: Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than One Lakh Rupees.
31 Which is the authority to apply for Motor Vehicle accident compensation Every application shall be made, at the option of the claimant:

to the Claims Tribunal having jurisdiction over the area in which the accident occurred or

To the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or

Within the local limits of whose jurisdiction the defendant resides.

32 What is the guideline of Supreme Court of India for future prospects in case of motor accident victims A five-Judge Bench of the Supreme Court while hearing the case National Insurance Company Limited v Pranay Sethi' agreed with the view on the standardization of the addition to revenue against future prospects in accordance with Article 168 of the Motor Vehicle Act 1988. It also noted that the concept of "fair compensation" should be determined on grounds of fairness, reasonableness and on acceptable legal standards, since such a provision "can never be in arithmetical exactitude". The key takeaways from the guidelines are :

While the income is determined to follow the doctrine of actual income at the time of death and not to add any amount of future prospects to income for the determination of multiplicand, it would be unfair. The determination of income in the calculation of remuneration must include future prospects so that the method will come into the line of just compensation as mentioned in terms of Section 168 of the Act.

An addition of 50% of actual salary to the deceased's income relative to future prospects, where the deceased had a permanent job and was under 40 years old. The addition should be 30% if the age of the deceased was between 40 and 50 years. If the deceased was between the age of 50 and 60, the addition must be 15%. Actual salary must be read as actual salary less tax.

If the deceased was self-employed or on a fixed salary, an addition of 40% of the income should be the warrant where the deceased was less than 40 years old. An addition of 25% where the deceased between the ages of 40 to 50 years and 10% where the deceased was between the ages of 50 and 60 should be regarded as the required calculation method. The established income means the income less the tax component.

 

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