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Oct 8, 2019 · Stressing the need to strictly punish offenders responsible for causing motor vehicle accidents, the Supreme Court has reiterated that a person can be prosecuted under both the Motor Vehicles...
- Abstract
- I. Introduction
- II. Judicial History and Consequent Legislative Action
- III. Vehicle Must Be Insured
- IV. Prosecution of ‘Mv’ Accidents by Police Authorities
- V. Prosecution Udner The 2022 Rules
- VI. Procedure Before Tribunal For Grant of Compensation
- VII. Payment of Compensation in Case of Death Or Grievous Hurt
- VIII. Conclusion
Most, if not all motor vehicle accidents are a result of undesired turn of events. The Motor Vehicles (Amendment) Act, 2019 imposes a responsibility upon all persons using public spaces to drive a vehicle, to do so in a diligent manner in accordance with law. A failure to comply with the prescribed legal bounds can lead to guilt and consequent liab...
The Motor Vehicles Act was initially passed in the year 1988. However, with time there were certain loopholes observed in the process of claiming compensation arising out of a ‘motor vehicle’ (MV) accident, especially regarding the considerable delay in disposal of claims pending in trial courts, or at appellate stages. Due to this delay, it was hi...
Firstly, the Delhi High Court in the Rajesh Tyagi v Jaibir Singh (2009 SCC OnLine Del 4306) case had mandatorily directed the Station House Officers (SHOs) to submit ‘Accident Information Report’(AIR) to the MACT (Motor Accident Claims Tribunal) within 30 days of accident, upon receiving information of an MV accident. The said report is supposed to...
As per Section 146 of the MV Amendment Act, it is mandatory to get a vehicle insured to be able to ply on public spaces. Further, Section 147 of the Act stipulates certain requirements of what constitutes a valid insurance policy. Thereby, the insurance policy obtained by the insured must be in accordance with this provision. Furthermore, only cert...
Sections 159 and 160 of the MV Amendment Act deal with the duties of the police officer and the registering authority in dealing with an MV accident case. Primarily, where an accident has taken place, information regarding the accident is required to be furnished to the police officer. (First-step) On receiving such information, the police officer ...
To further the process of implementation of the MV Act, the Central Government promulgated the “Motor Vehicles Amendment Rules, 2022.” Now, as per the Rules, the investigation must be started immediately after receipt of information by the police officer of the police station concerned. The Investigating officer (IO) must inspect the site of accide...
As per Section 149, upon receiving information of the accident from claimant or from the Accident Information Report (AIR), the insurance company is supposed to appoint a ‘Designated Officer’ to settle the claim. The said officer is required to make an offer to the claimant, specifying its detail within 30 days. The offer made by the Designated Off...
When a case of death or grievous hurt arising out of MV accident is brought about, the claimant is not required to establish any wrongful act or neglect of the driver/owner for payment of compensation. In case of death, a compensation of INR 5,00,000/- is to be paid (along with other charges) and in case of grievous hurt, a compensation of INR. 2,5...
In summary, it is clear that the 2022 Rules have been introduced with an advent to implement the proper procedure (including judicial directions) to carry out the purpose of the benevolent MV Amendment Act, 2022. Insurance of the vehicle is necessary to claim damages arising out of an MV accident. As soon as an intimation regarding an MV accident i...
Oct 7, 2019 · A person committing offences under the Motor Vehicles Act like overspeeding and rash driving can also be booked under the Indian Penal Code as both the statutes "operate with full vigour, in their own independent spheres", the Supreme Court has said.
- India
Dec 28, 2020 · The Supreme Court in its splendid judgment stated that a person committing an offence under the Motor Vehicle Act can also be held liable under the Indian Penal code. With an increase in motorization, there has been a huge hike in road accident injuries hence, both the acts were considered operational in their own independent spheres.
Dec 9, 2021 · This article provides a basic overview of accidents due to car crashes and the provisions laid by Indian Penal Code (IPC) and discusses inadequacies in the punishing conditions of the parts of the act and, finally, underlines the critical need for change and provides solutions. Introduction. Understanding the term ‘accident’. Road accidents.
Oct 5, 2019 · There is no provision under the M.V. Act which separately deals with offences causing death, or grievous hurt, or hurt by a motor vehicle in cases of motor vehicle accidents.
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Jan 7, 2023 · In a motor accident death claim case, the High Court recently observed the insurance company cannot be permitted to avoid its liability only on the ground that the person driving the...
