The Motor Vehicles Act 1988: Scheme and Definitions
Chapter Eighty-Eight
Syllabus topic 4.5, "Motor Vehicles Act, 1988- Motor Accidents Claims- Claims Tribunals."
Pages 352 to 355 of 434
In one line
The Motor Vehicles Act 1988 governs everything about vehicles on Indian roads, and three of its chapters govern compensation for accidents.
In the wording a student can write in an exam: the Motor Vehicles Act 1988, Act 59 of 1988, consolidates and amends the law relating to motor vehicles; for this syllabus the operative parts are Chapter XI, insurance of motor vehicles against third party risks, sections 145 to 164D as substituted with effect from 1 April 2022, and Chapter XII, Claims Tribunals, sections 165 to 176; the definitions in section 2 supply the words a claim turns on, and Chapter X, which contained the old no-fault liability in sections 140 to 144, stands omitted.
The plan of the Act
| Chapter | Sections | Subject |
|---|---|---|
| I | 1 to 2B | Preliminary, definitions, e-carts and e-rickshaws, promotion of innovation |
| II | 3 to 28 | Licensing of drivers of motor vehicles |
| III | 29 to 38 | Licensing of conductors of stage carriages |
| IV | 39 to 65 | Registration of motor vehicles |
| V | 66 to 96 | Control of transport vehicles by permits |
| VI | 97 to 108 | Special provisions relating to State transport undertakings |
| VII | 109 to 111 | Construction, equipment and maintenance of motor vehicles |
| VIII | 112 to 138 | Control of traffic |
| IX | 139 | Motor vehicles temporarily leaving or visiting India |
| X | 140 to 144 | Liability without fault in certain cases: OMITTED with effect from 1 April 2022 |
| XI | 145 to 164D | Insurance of motor vehicles against third party risks |
| XII | 165 to 176 | Claims Tribunals |
| XIII | 177 to 210D | Offences, penalties and procedure |
| XIV | 211 to 217A | Miscellaneous |
Chapters XI and XII are worked in full in the eight chapters that follow. Chapters I to IX, XIII and XIV are covered, section by section but briefly, in the five chapters at the end of this book, because the Act is the boundary of the syllabus even where MU's labels do not reach it.
The definitions a claim turns on
"Motor vehicle" or "vehicle", section 2(28). Any mechanically propelled vehicle adapted for use upon roads, whether the power of propulsion is transmitted from an external or an internal source, including a chassis to which a body has not been attached and a trailer; but not a vehicle running upon fixed rails, a vehicle of a special type adapted for use only in a factory or other enclosed premises, or a vehicle having less than four wheels fitted with an engine of a capacity not exceeding the limit the section states.
The words "adapted for use upon roads" have generated much of the litigation, because a machine designed for another purpose may still be a motor vehicle if it can be and is used on a road.
"Owner", section 2(30). The person in whose name the motor vehicle stands registered; where that person is a minor, the guardian; and where the vehicle is the subject of a hire-purchase, lease or hypothecation agreement, the person in possession under that agreement.
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