Licensing, registration and compulsory insurance, and how compensation is claimed before a Motor Accidents Claims Tribunal. A curated selection; not the complete text.
Provided for study purposes. Cross-check against the official source (India Code / the relevant government gazette) before citing or relying on this text — amendments and corrections may not be reflected here.
No person shall drive a motor vehicle in any public place unless they hold an effective driving licence issued to them authorising them to drive the vehicle, and no person shall so drive a transport vehicle unless the driving licence specifically entitles them to do so.
No person shall drive any motor vehicle, and no owner of a motor vehicle shall cause or permit the vehicle to be driven, in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration has not been suspended or cancelled, and the vehicle carries a registration mark displayed in the prescribed manner.
No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place, whether or not the vehicle is actually carrying passengers or goods, save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority authorising the use of the vehicle in that place in the manner in which it is being used.
Every person, above four years of age, driving or riding on a motor cycle of any class or description shall, while in a public place, wear protective headgear conforming to the standards prescribed by the Bureau of Indian Standards, and the headgear shall be securely fastened to the head of the wearer by straps or other fastenings provided for the purpose.
Where any person is injured or any property of a third party is damaged as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall take all reasonable steps to secure medical attention for the injured person by conveying them to the nearest medical practitioner or hospital, unless it is not practicable on account of mob fury or any other reason beyond their control. They shall also give the required information to a police officer and to the insurer.
No person shall use, 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 a policy of insurance complying with the requirements of this Chapter.
A policy of insurance must be issued by an authorised insurer and must insure the person or classes of persons specified in the policy against any liability which may be incurred in respect of the death of or bodily injury to any person, including the owner of the goods or their authorised representative carried in the vehicle, or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place. The policy shall also cover liability arising under the Workmen's Compensation legislation in respect of the death of or bodily injury to specified employees.
The owner of the motor vehicle or the authorised insurer shall be liable to pay, in the case of death, an amount of five lakh rupees, and in the case of grievous hurt, an amount of two lakh fifty thousand rupees, to the legal heirs or the victim, as the case may be. In any claim for compensation under this section the claimant is not required to plead or establish that the death or grievous hurt was due to any wrongful act, neglect or default of the owner or owners of the vehicle concerned.
A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals for such area as may be specified for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.
An application for compensation arising out of an accident may be made by the person who has sustained the injury, by the owner of the property, where death has resulted from the accident by all or any of the legal representatives of the deceased, or by any agent duly authorised by the person injured or by all or any of the legal representatives of the deceased. Every application shall be made 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.
On receipt of an application for compensation, the Claims Tribunal shall, after giving notice to the insurer and after giving the parties an opportunity of being heard, hold an inquiry into the claim and make an award determining the amount of compensation which appears to it to be just, and specifying the person or persons to whom compensation shall be paid. The person or persons required to pay shall do so within thirty days of the announcement of the award.
Whoever, while driving or attempting to drive a motor vehicle, has in their blood alcohol exceeding the limit specified in this section as detected in a test by a breath analyser or in any other test including a laboratory test, or is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, is punishable for a first offence with imprisonment for a term which may extend to six months, or with a fine, or with both, and for a second or subsequent offence committed within three years with a higher term of imprisonment and a higher fine.
Where an offence under this Act has been committed by a juvenile, the guardian of the juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly, unless they prove that the offence was committed without their knowledge or that they exercised all due diligence to prevent it. The registration of the motor vehicle used in the commission of the offence shall be cancelled for a period of twelve months, and the juvenile shall not be eligible to be granted a driving licence or a learner's licence until they attain the age of twenty-five years.
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