IA No. 71387 of 2023 in WP (C) No. 295 of 2012 (S. Rajaseekaran v. UOI) Hit and Run

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
LA.No OF 2023
IN
WRIT PETITION(CIVIL)No. 295 OF 2012
IN THE MATTER OF:
S. Rajaseekaran Petitioner
Versus
Union ofIndia & Ors Respondents
AND IN THE MATTER OF:
Kishan Chand Jain Applieant
APPLICATION ON BEHALF OF THE APPLICANT

SEEKING INTERVENTION
WITH
LA. NO. OF 2023
APPLICATION FOR DIRECTIONS
PAPER - BOOK
(FOR INDEX,KINDLY SEE INSIDE)
ADVOCATE FOR THE APPLICANT: E.C. AGRAWALA

INDEX
SI.
Particulars Page No.
No.
1. I.A. No. 2023
Application on behalf of the Applicant/Intervener seeking i-3

intervention in the WP(C)No. 295 of2012.
2. LA. No. 2023
4-22
Application for directions With affidavit.
3. Annexure A-1
23-33
True copy of Solatium Scheme, 1989.
4. Annexure A-2
True copy of Motor Vehicles (Amendment) Act, 2019 dt. 34-78

09.08.2019
5. Annexure A-3
79
True copy ofNotification dt. 25.02.2022.
6. Annexure A-4
True copy ofthe Compensation to Victims ofHit and Run Motor 80-86
Accident Scheme,’2022 dt. 25.02,2022 and w.e.f. 01.04.2022

7. Annexure A-5
True copy of the Motor Vehicles (Motor Vehicle Amendment 87-92
Fund)Rules,;2022 dt. 25.02.2022 and w.e.f. 01.04.2022

8. Annexure A-6
True copies of the relevant extracts of Road Accidents in India 93-101

Reports of Year 2017, 2019 & 2021 (Collectively) dt. NIL.
9. Annexure A-7
True copy of answer dt. 22.03.2023 of Unstarred Question No. 102
2466 given in Rajya Sabha.

10. Annexure A-8
True copy ofanswer dt. 16.03.2023 ofStarred Question No.240 103-104

given in the Lok Sabha.
11. Annexure A-9
True copy of relevant extracts of MV Act, 1988 (before 2019 105-108

Amendment)
1

LA.No. OF 2023
IN
WRIT PETITION(C)No. 295 OF 2012
Kishan Chand Jain, aged about 68 years, S/o Late Shri Kailash Chand
Jain R/o 22/156, Moti Lai Nehni Road, Agra-282004 (UP) Mob.
9412263072, e-mail: kishanjain@gmail.com
....Applicant
IN THE MATTER OF:
S. RajaseekaranNo. 13, Second Street,

Sivananada Colony, Coimbatore-641012, Tamil Nadu,
....Petitioner
Versus
Union ofIndia and Ors. ....Respondents
Application on behalf of applicant seeking intervention
TO,
The Hon’ble Chief Justice of India and

his Companion Judges of the Hon’ble
Supreme Court ofIndia
The Humble Application of

the Applicant above named
MOST RESPECTFULLY SHOWETH:
1. That the above writ petition is pending consideration before this

Hon’ble Court, wherein orders have been passed by this Hon’ble
Court from time to time for ensuring road safety and for the
welfare ofthe road accident victims.
2
2 That vide the accompanying application, the applicant has craved

for the appropriate orders and directions etc. for the effective
implementation of the Compensation to Victims of Hit and Run.
Motor Accident Scheme, 2022.
3. That in the public cause, sought to be espoused herein, the

applicant has no personal or private interest therein. This
application involves a larger public interest. There is no personal
gain, private motive, or oblique motive of the applicant behind
filing this application. The result oflA will not also lead to any
undue loss to any person, body, or the State. This lA is not being
utilized as a remedy for pursuing any extraneous purposes or for
that matter, for espousing causes motivated by a desire to seek
publicity or to pursue other extraneous interests. The applicant
has moved this Court with bonafide in the wider public interest,
as such, there exists a real and genuine public interest.
Accordingly, the applicant has locus-standi to approach this
Hon’ble Court by filing this application.
4. That the detailed facts regarding the urgent need for the issue of
necessary directions are not being repeated here for the sake of
brevity.
5. That, accordingly, in,the light of the detailed facts in the

accompanying I.A., the applicant most humbly seeks the leave of
this Hon’ble Court to intervene and make their submissions
before this Hon’ble Court.
6. That, in case, the present application is not allowed, the public

cause, as elaborately stated in the accompanying lA, would suffer
heavily.
3
7. That the present application is bonafide.
PRAYER
In view ofthe facts and circumstances explained herein above,the

applicant most respectfully prays that this Hon’ble Court may be pleased
to:
a) Allow the applicant to intervene in Writ Petition (Civil) No. 295

of 2012 by moving the accompanying LA. for the directions as
mentioned therein;
b) Pass any other or further order as this Hon’ble Court may deem fit
and proper in the facts and circumstances ofthe present case.
Filed by:
(E.C. Agrawala)
ADVOCATE FOR THE APPLICANT
48, Lawyers’ Chambers,
NewDelhi-110 201
Ph. No..011-23389629, 23382318
AOR Code No.: 177
Place: New Delhi

Dated : 3^d April 2023
Filed on : 5* April 2023
4

LA.No. OF 2023
IN
Kishan Chand Jain, aged about 68 years, S/o Late Shri Kailash Charid
Jain R/o 22/156, Moti Lai Nehru Road, Agra-282004 (UP) Mob.
9412263072, e-mail; kishanjain@gmail.com j
....Applicant
IN THE MATTER OF:
S. Rajaseekaran No. 13, Second Street,

Siyananada Colony, Coimbatore-641012, Tamil Nadu.
....Petitioner
Versus
a
Union ofIndia and Ors. ....Respondents
APPLICATION FOR DIRECTIONS
TO,
The Hon’ble Chief Justice of India and

f
his Companion Judges of the Hon’ble
The Humble Application of

the Applicant above named
MOST RESPECTFULLY SHOWETH:
1. This lA raises a humanitarian issue concerning lacs ofthe victims

ofthe hit and run motor accidents, who lost their lives or suffered
grievous injuries, but most unfortunately only 1.12% ofthe total
5
victims/their legal representatives could get compensation despite

the legislative mandate to the Central Government to pay
compensation to them u/s 161(1) of the MV Act (as amended)
and S. 161(3) of the MV Act(as unamended). Precisely stated,
4,42,515 persons were either killed or grievously hurt during
the last 5 years from 2017 to 2021 but only 4,958 i.e. 1.12®/i of
the total persons could get compensation. To address their
miseries and also of other eligible victims entitled to receive
compensation under the Compensation Schemes, this lA is
being filed.
2 That the above writ petition is pending eonsideration before this

Hon’ble Court, wherein orders have been passed by this Hon’ble
Court from time to time for ensuring road safety and for the
welfare ofthe road accident vietims.
Status ofApplicant
3. That the applieant herein is a senior eitizen, being 68 years old,

and is praetieing law sinee Mareh 1979. He is a public-spirited
person and holds offiee in numerous soeial organizations whieh
are eommitted to transparency, ethics and better governance. The
applieant earlier filed several writ petitions in this Hon’ble Court,
whieh were entertained. The WP (Civil) Nos. 40 & 205 of 2016
, against the arbitrary fixation of the application fee by the RTI
Rules, made by the UP Legislative Assembly and the UP
Legislative Couneil, were allowed by this Hon’ble Court vide its
order dated 20.03.2018. The WP (C) No. 1325 of 2021 for the
online RTI portals of the High Courts and their District Courts
has also been reeently allowed by this Hon’ble Court vide its
order dt. 20.03.2023.
6
4. That the applicant has,moved lA No. 33035 of 2021 in this writ

petition for electronic monitoring of the National Highways &
State Highways wherein this Hon’ble Court has been pleased to
pass its orders on 06.01.2023 and 06.02.2023 and the said lA is
pending consideration before this Hon’ble Court.
5. That in, the public cause regarding failure of the Government

Machinery to pay compensation to the victims ofthe hit and run
motor a!ccidents, sought to be espoused herein, the applicant has
no personal or private interest therein. This application involves
a l^ger public interest. There is no personal gain, private motive,
or oblique motive of the applicant behind filing this application;
The result oflA will not also lead to any undue loss to any person,
body, or the State. This lA is not being utilized as a remedy for
pursuing any extraneous purposes or for that matter, for
espousing causes motivated by a desire to seek publicity or to
pursue other extraneous interests. The applicant has moved this
Court with bonafide in the wider public interest, as such, there
exists a real and genuine public interest. Accordingly, the
applicant has locus-standi to approach this Hon’ble Court by
filing this application. .
The MV Act,1988
6. That the Motor Vehicles Act, 1988(“MV Act”) was enacted in

. the year 1988 by the Parliament to replace the Old Motor Vehicles
Act, 1939.
7. That Ss. 161 to 163 ofthe MV Act envisaged for the payment of
compensation in cases of"hit and run motor accidents.’
8. That the expression "hit and run motor accident' is statutorily

7
defined. Its definition is similar in the provisions pre and post the
MV Amendnient Act, 2019. Prior to the amendment; it was
defined in S. 161(l)(b) ofthe MV.Act and after its amendment,it
is defined in S. 145(d) ofthe MV Act. The definition is thus:
“hit and run motor accident” means an accident arising out ofthe
use of a motor vehicle or motor vehicles the identity whereof
cannot be ascertained in spite of reasonable efforts for The
purpose;”
9. That the Central Government made a scheme for the payment of

compensation to the victims ofthe ‘‘hit and run motor accidents’,
known as ‘the Solatium Scheme,1989’ in exercise ofits powers
conferred by S. 163(1) of the MV Act, which came into force
w.e.f. 01.07.1989. A true copy ofthe Solatium Scheme is annexed
hereto as Annexure A-1 (at pg. 23 to 33).
10. That as per the provisions of S. 163 of the MV Act, the

compensation of Rs. 12500/- for the grievously hurts and Rs.
25000/- in respect of death was payable for the hit and run motor
accidents.
The MV(Amendment)Act,2019
11. That,thereafter, the MV Act was extensively ainended in the year

2019 by the Motor Vehicles(Amendment) Act, 2019(“the MV
Amendment Act”). A true copy of the MV Amendment Act is
annexed hereto as Annexure A-2(at pg. 34 to 78).
12 That the provisions of S. 161 to 163 of the MV Act (as were

originally enacted in the year 1988) stood substituted vide S. 51
of the MV (Amendment) Act, 2019 and came into force w.e.f.
01.04.2022 vide notification S.O. 859(E) dt. 25.02.2022. A true
copy ofthe above notification dt. 25.02.2022 is annexed hereto as
8
Annexure A-3(at pg. 79).
13. That S. 163 (as amended) of the MV Act envisaged enhanced

compensation from Rs 12,500 to Rs 50,000 for grievous hurt and
from Rs 50,000 to Rs 2,00,000 in respect of death w.e.f.
01.04.2022. For clarity, it may be depicted thus:
Table-A
SI. Particulars Prior to 2019 As per 2019

Amendment Amendment
1 Death Rs. 50,000/- Rs. 2,00,000/-
2 Grievously Hurt Rs. 12,500/- Rs. 50,000/-
14. That, notably, the Central Government made another scheme to

replace the Solatium Scheme, 1988 for the payment of
compensation to the victims of hit and run motor accidents, titled
as ‘the Compensation to Victims of Hit and Run Motor
Accident Scheme, 2022’ in exercise of its powers conferred by
S. 163(1) of the MV Act and its true copy is annexed hereto as.
Annexure A-4(at pg. 80 to 86).
15. That the Central Government also notified the Motor Vehicles
(Motor Vehicle Accident Fund)Rules, 2022 on 25.02.2022 in the

Official Gazette which came into force w.e.f. 01.04.2022 and its
I
true copy is annexed hereto as Annexure A-5 (at pg. 87 to 92).
Deaths & grievously injured persons in Hit and Rnn
16. That the Annual Reports of Road Accidents in India, published

by the Ministry of Road Transport Highways (“MoRTH”),
would show that during the period of 5 years from year 2017 to
year 2021, the number of persons who died in hit and run motor
accidents was 1,31,240 and the number of persons who were
9
grievously injured were 3,11,335 in such road accidents. The true

copies of the relevant extracts of the Reports of the Road
Accidents in India of year 2017, 2019 and 2021 are annexed
hereto as Annexure A-6 (collectively)(at pg. 93 to 101).
17. That in the answer dt. 22.03.2023, given in the Rajya Sahha to the
Unstarred Question No. 2466 regarding accidents, the Minister
for MoRTH gave the details ofthe total number ofpersons killed
in road accidents under Category of Hit and Run on all roads in
the country during the period from year 2017 to year 2021. The
persons stated to have been killed in year 2017,2018,2019,2020
& 2021 were 25866,28619,29354, 23159 & 25938 respectively.
A true copy of the aforesaid answer dt. 22.03.2023 is annexed
hereto as Annexure A-7(at pg. 102).
18. That in view ofthe statistics as given in the above Annual Report
of Road Accident in India and also the aforesaid Answer, the
details of the accidents, persons killed and persons grievously
hurt in the hit and run motor accidents in the years 2017 to 2021
may be put in tabular form thus:-
Table-B
Details of Hit and Run Motor Accidents and
Persons Killed and Injured therein
SI. Year No. of Persons Persons
Accidents Killed Injured
1 2017 87,068 24,170 98,452
2 2018 69,822 28,619 61,988
3 2019 69,621 29,354 61,751
4 2020 52,448 23,159 43,789
5 2021 57,415 25,938 45,355
Fotal , 3,36,374 1,31,240 3,11,335
10
Negligible persons compensated in Hit and Run
19. That, most significantly, an Starred Question No. 240 relating to

compensation to the victims of the road aeeidents was answered
on 16.03.2023 in Lok Sabha by the Minister of MoRTH,wherein
the number of deaths and injured victims along with the amount
disbursed as eompensation in hit and run cases were given and its
true copy is annexed hereto as Annexure A-8(at pg. 103 to 104).
20. That a perusal of the aforesaid answer dt. 16.03.2023 would

reveal the number of deaths and number of persons injured in the
hit and run cases during the period from 2017-18 to 2022-23(upto
Feb. 2023), which are thus:-
Table-C
Details ofthe Compensation Claim Paid
to the grievously injured persons and LRs ofthe
Deceased vietim in hit and run motor accidents
SI Year Total Total Total

claims claims paid claims paid
paid for deaths to injured
1 2017-18 1252 657 595
2 2018-19 1233 643 590
3 2019-20 981 615 366
4 2020-21 719 562 157
5 2021-22 773 660 113
Total 4958 3137 1821
6 2022-23 78 72 6
(upto Feb.
2023)
21. That the above figures would, thus, show, that the compensation
to 4958 persons comprising of 3137 deaths and 1821 grievously
injured was paid in the hit and run motor aeeidents during the
financial years 2017-18, 2018-19, 2019-20, 2020-21 & 2021-22
which were under the Solatium Scheme, 1989 (as then
applicable).
11
2Z That the comparison ofthe number of deaths and grievously hurt

vis-a-vis the number of persons who were paid compensation in
respect of the hit and run motor accidents may be summed up in
tabular form thus:-
Table-D
Number of deaths & grievously injured persons vis-a-vis

the persons paid compensation in hit and run motor accidents
during 2017 to 2021
SI Period Persons Compen Persons : Com pens

died sation injured ation
paid for paid to
death injured
111 (21 (21
1 2017 24,170 ■ 657 98,452 595
2 2018 28.619
1
643 61.988 590
3 2019 29,354 615 61.751 366
4 2020 23,159 562 43,789 157
5 2021 25,938 660 45,355 113
Total 1,31,240 3137 3,11,335 1821
(being (bein;;
2.39% 0.58';î of
of total total
deaths) injured)
23. That in view of the above figures, it is evident that during the
period of5 years from year 2017 to year 2021:
(i) Agaiiist the total number of deaths of 1,31,240, the

compensation in respect of 3,137 deaths was paid under
the Scheme - being only 2.39% of the total deaths.
(ii) Against the total number of 3,11,335 grievously injured

persons, only 1,821 persons were paid compensation
under the Scheme - being only 0.58% of the total
grievonsly hnrt persons.
(iii) Against total nnmber of4,42,575 persons who either died

or injured, only 4,958 persons/LRs were compensated
nnder the scheme - being only 1.12% as abnormally low
and 4,37,557 persons were not compensated.
12
24. That even after 01.04.2022 i.e. post applieability of the

Compensation to Victims of Hit and Run Motor Accidents
Scheme, 2022, the compensation in respect of 72 deaths and 6
injured total 78 persons was paid during a period of 11 months
i.e. from April 2022 to Feb. 2023. Though the official data ofthis
corresponding period of 11 months ofhit and run motor accidents
is not available but going by the earlier average, the figure for 11
rhonths comes to 81,000 deaths and injured. The payment of
compensation only of78 persons during a period of11 months
would mean 0.1®/o, which is abnormally low. It has resulted
into non-payment of 80,922 persons (approx). These figures
may he depicted in table thus:
Table-E
Number of deaths & grievously injured persons vis-a-vis

the persons paid compensation in hit and run motor accidents
during April 2022 to February 2023
Period Deaths & Compensa “/o of Comp % of

Injured tion paid persons cnsati persons
(Avg. of under the paid on not not paid
last 5 yrs.) scheme compen paid com pens
sation ation
April 2022 81000 78 0.1% 80,912 ''99>/o
to Feb.
2023(11
months)
2& That it is most unfortunate, disappointing and

unconscionable that despite the legislative mandate, the
benefit of the Compensation Schemes,framed under the MV
Act,could not reach to the most unfortunate families/persons,
who have suffered immensely from the hit and run motor
accidents.
26. That it also deserves mention that the amount of compensation

13
payable under the Compensation Schemes is too meagre for

accidents usual compensation payable under the MV Act in
accidents other then hit and run motor accidents. Be that as it may,
the fact remains that the ill-fated persons/families were not given
even such meagre sum of compensation as per the Schemes,
which added agony to their misfortune and disappointment.
Inherent Deficiencies of the Schemes to be Addressed
27. That it deserves mention that the proviso to sub clause (2) of
Clause 20 of the Solatium Scheme, 1989, envisages an
application for compensation to be made within 6 months and not
after 12 months from the date ofthe accident thus:-
“Proyided that an application made after six months but not after
12 months from the date ofthe accident may be accepted by the
Claims Enquiry Officer, ifhe is satisfied that there are reasonable ,
grounds to condone the delay.”
28. That the above proviso to Clause 20(2) Of the Solatium Scheme,
1989,: thus, created an erribargo in the way to get claim
compensation under the Scheme and the expiry ofthe above time
period had the devastating effects upon the rights of the victims
by making them disentitled to get statutory compensation.
29. That a perusal ofthe provisions ofthe MV Act, both before their
amendments in the year 2019 or thereafter, would manifest the
legislative mandate requiring the Central Government to pay
compensation for the hit and run motor accident cases. For ready
reference, S. 161(1) ofthe MV Act(as amended) may be quoted
as below:-
“161.(1) Notwithstanding anything contained in any other law

for the time being in force or any instrument having the force of
14
law, the Central Government shall provide for paying in

accordance with the provisions of this Act and the scheme made
under sub-section(3), compensation in respeet ofthe death of, or
grievous hurt to, persons resulting from hit and run motor
accidents.”
30. That the MV Act(pre and post Amendment) nowhere laid down
any period of limitation for moving an application for
compensation for the hit and run motor accidents. In the context
of laying down period of limitation to move application before
the claim enquiry officer, the issue oflimitation should be treated
as an essential legislative function, falling in the domain of
substantive law and should have been dealt with by the'
Legislature. The laying down of the period of the limitation for
an application in the Solatium Scheme by the Central
Government, it is humbly submitted, was improper and without
competence. It resulted in depriving laes ofthe hit and run motor
accidents victims in getting even the meagre amount of
compensation, as were specified in the MV Act. Such proviso
deserves to be ignored in implementation ofthe Scheme to further
the way ofthe victims to get compensatioii to give them a helping
hand.
31. That, most significantly,in the 2022 Compensation Scheme,there

is no embargo of the period of limitation for moving an
application before the Claim Enquiry Officer under Clause 20 of
the Scheme to get eompensation.
32 That the proviso to Clause 20(2) postulates that an application is

to be made within 6 months but not after 12 months from the date
of accident if the Claim Enquiry Officer is satisfied that there is
reasonable ground to condone the delay. It is alternatively
submitted that restricting the period ofdelay for condonation only
15
for 6 months is unreasonable, arbitrary and unjust. Ifa person has

reasonable ground to get delay condoned for a period more than
6 months also, the inbuilt restriction in the proviso should not
inhibit him filing of the application. Such bar on the powers of
the Claim Enquiry Officer should be treated as bad in law to
further the path of the victims to get their statutorily specified
amount ofcompensation.
33. That it is also submitted that the provisions ofS. 161 to 163 ofthe
MV Act, requiring payment of compensation to the hit and run
motor accident victims, are the beneficent provisions and
deserve their construction to further the legislative intendment.
34. That the above scenario fiirther witnesses that there appear to he
inherent deficiencies in the making of the Schemes and,their
implementation which need to be addressed. The benefit of the
Schemes must reach to the victims of hit and run motor accidents
in a most hassle free manner to further the loudable legislative

intent as embodied in S. 163 of the MV Act. Alike assistance
being given for natural calamities, the hit and run motor accident
victims should also be given similar treatment and the State
machinery should itself come to them to extend the benefit in a
most benevolent manner. ,
35. That in order that the poor and ill-fated victims ofthe hit and run
motor accidents get compensation, it would be appropriate,
equitable and just that the Central Government ensures,payment
to the victims/LRs ofthe deceased victim ofthe hit and run motor
accidents as per the Solatium Scheme, 1989 or 'the Compensation

' to Victims ofHit and Run Motor Accident Scheme, 2022\ as may
be applicable within such time frame as may be fixed by this
Hon’ble Court.
16
36. That it would also be apposite that the Central Govemmeiit makes
suitable changes in the Solatium Scheme, 1989 and the 2022
Compensation Scheme to make it more effective and result
oriented.
37. That the Central Govermnent should also create an online
Dashboard to regularly update the status and progress ofpayment

to the hit and run motor accident victims in the country with the
aid of the State Govemments/UTs to effectively monitor the
iihplementation ofthe Schemes.
Police Officer to Inform Claim Enquiry Officer
38. That it has been experienced that the victims/their LRs due to the
trauma undergone by them could not initiate proceedings for
payment of compensation by moving applications before the
Claim Enquiry Officers. It would achieve the cherished objective
of the Schemes if the Police Officer of the concerned District
(where such hit and run motor accident occurred)send a proposal

(along with the FIR and postmortem report etc.)to the concerned
Claim Enquiry Officer having territorial jurisdiction to initiate
proceedings under Clause 20 of the Compensation Scheme,
which should make it obligatory to the Claim Enquiry Officer to
initiate proceedings.
39. That sending such information/proposal by the Police Officer to

the Claim Enquiry Officer would be somewhat analogous to the
(
fulfillment of the requirement of S. 158 (6) of the MV Act(as it
stood prior to amendment in year 2019)and S. 159 ofthe MV Act
(as its stand after the amendment in the year 2019), which may be
quoted below:
17
S. 158 ofthe MV Act(before its amendment in year 2019):
“S. 158 Production of certain certificates, licence and permit

in certain cases (6) As soon as any information regarding any
aecident involving death or bodily injury to any person is
recorded or report under this section is completed by a police
officer, the officer incharge ofthe police station shallforward a
copy ofthe same within thirty days from the date of recording of
information or, as the case may be, on completion oif such report
to the Claims Tribunal having jurisdiction and a copy thereof to
the concerned insurer, and where a copy is made available to the
owner, he shall also within thirty days of receipt of such report,
forward the same to such Claims Tribunal and Insurer.”
S. 159(as amended by the 2019 Amendment Act)ofthe MV Act:
“159.Information to be given regarding accident:- 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
99'
other agency,as may be prescribed.
prior to the 2019 amendments)is aimexed hereto as Annexure A-

9(atpg.l05to 108) . . .
Awareness of the Schemes
40. That both the Compensation Schemes of 1989 and 2022 could not
succeed because of lack of awareness amongst the hit and run
motor accidents victims. It would serve a great purpose that
Central Government gives due publicity of the compensation
scheme from time to time through print and electronic media.
41. That in the facts and circumstances of the matter, it would be

expedient in the interest of justice and in furtherance of the
fundamental of 'Right to Life', enshrined in Article 21 of the
18
Constitution of India that this Hon’ble Court intervenes and
pleases to issue suitable directions, as prayed for.
42 This application is made bonafide and in the interest ofjustice.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to:
(i) To direct the Union ofIndia through its Secretary, MoRTH,New

Delhi to create an online dashboard to regularly update the
status and progress of payment in each ofthe hit and run motor
accidents with the aid of the State Govemments/UTs with the
intent to effectively monitor the implementation ofthe Scheme;
(ii) To direct the Union of India through its Secretary MoRTH to

ensure payment to the victims/legal representatives of the
deceased victims of the Hit and Run Motor Accidents
(a) as per the Solatium Scheme, 1989 made u/s 163(1) of the
MV Act, 1988 (before its amendment in 2019) for the
occurrences ofthe accidents from year 2017 to 2021 {Le.
on or before 31.03.2022) to 4,37,557 victims as detailed
in paragraph no. 23(iii) above and also other eligible
victims.
(b) as per 'the Compensation to Victims ofHit and Run Motor

Accident Scheme, 2022" made u/s 161(3) of the MV Act,
1988(as amended)for occurrences ofthe accidents for the
period from 01.04.2022 to 28.02.2023 (11 months)(i.e.
on or after 01.04.2022) to 80,922 victims (approx) as
mentioned in para 24 above and also other victims as may
19
be found as eligible victims under the Scheme
within such time frame as may be fixed by this Hon’ble Court

in a hassle-free manner and the State machinery to extend
the benefit in a most benevolent manner alike other natural
calamities by coming to the victims’ places;
(hi) To direct the State Govemments/UTs to ensure that their Police

Officers of the concerned District (where such hit and run
motor accident occurred)send proposals (along with the FIR
and postmortem report etc.) to the concerned Claim Enquiry
Officers having territorial jurisdiction to initiate proceedings
under Clause 20 of the Compensation Scheme in respect of the
occurrences of each hit and run motor accident in view of
analogous provisions ofS. 158(6)ofthe MV Act(as it originally
stood) and now S. 159 ofthe MV Act(as amended in 2019)and
the Claim Enquiry Officers to initiate proceedings on its basis;
(iv) To direct the authorities under the Solatium Scheme, 1989 to

ignore the proviso to sub clause (2) of Clause 20 of the-
Solatium Scheme, 1989 since its inception, which requires an
application for compensation to be made within 6 months and
not after 12 months fi-om the date ofthe accident;
(V). To direct Union of India through its Secretary MoRTH to give

due publicity from time to time through print and electronic
media about the Compensation Schemes;
(Vi) To direct the Union ofIndia through its Secretary, MoRTH,New

Delhi to make suitable changes in both of the compensation
Schemes to make them more effective, result-oriented and
victim fi*iendly and also by doing away the period of limitation
20
for making an application to the Claim Enquiry Officer under the

Solatium Scheme, 1989 with retrospective effect;
(vii) and/or pass any other or further order(s) as this Hon’ble Court
may deem fit and proper in the interest ofjustiee.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN
DUTY BOUND SHALL EVER PRAY.
Filed by:
(E.C. Agrawala)
ADVOCATE FOR THE APPLICANT
48, Lawyers’ Chambers,
NewDelhi-110 201
Ph. No. 011-23389629, 23382318
' AORCodeNo.: 177
Place : New Delhi

Dated :03 April 2023
Filed on : 05 April 2023
21

LA.No. OF 2023
IN

/(:■'
- I,
Kishan Chand Jain, aged about 68 years, S/o Late Shri Kailash Chand
Jain R/o 22/156, Moti Lai Nehru Road, Agra-282004 (UP) Mob.
9412263072, e-mail: kishanjain@gmail.com
....Applicant
IN THE MATTER OF:
S. Rajaseekaran No. 13, Second Street,

Sivananada Colony, Coimbatore-641012, Tamil Nadu.
....Petitioner
Versus
Union of India and Ors. ....Respondents
Affidavit
I, Kishan Chand Jain, aged about 68 years, S/o Late Shri Kailash
Chand Jain R/o 22/156, Motilal Nehru Road, Agra-282 004 (U.P.), by
profession a lawyer, presently at Delhi, do hereby solemnly affirm and
state on oath as under:
1. That I am the applicant in the above - mentioned lA being moved

in the above WP (C) No. 295 of 2012 and being familiar with the
facts and circumstances of the case, l am competent to swear this
Affidavit.
2. That the contents of accompanying both of the lAs for seeking

intervention and for seeking directions are true and correct to the
best of my knowledge and belief and no part of it is false and
*5
22
nothing material has been concealed therefrom.
3. That the Aimexure Nos.,A-1 to A-9 aimexed with the
accompanying application are true copies of their respective

originals.
DEPONENT
VERIFICATION:
I, the above-named Deponent, do hereby verify that the contents

of the above affidavit are true and correct to the best of my knowledge
and belief and no part of it is false and nothing material has been
concealed therefrom.
Verified on this the 3* day of April 2023, at New Delhi.
DEPONENT
(
23
Annexure A-1
SOLATIUM SCHEME, 19891
In exercise ofthe powers conferred by sub-section (1) ofSection 163 ofthe Motor
Vehicles Act, 1988(59 of1988), the Central Government hereby makes thefollowing
schemefor the payment ofcompensation to the victims ofhit and run motor accident,
namely:—
1. Short title and'commencement.—(1)This scheme may be called the Solatium

Scheme, 1989.
(2)It shall come into force on the first day of July, 1989.
2. Definitions. -In the scheme imless the context otherwise requires,-
(a) “Act” means the Motor Vehicles Act, 1988(59 of 1988).
(b) “Claims Enquiry Officer” means the Sub-Divisional Officer, Tehsildar, or any
other officer in charge of the revenue sub-division of a Taluka in each revenue district of
a State or such other officer not below the rank of Sub-Divisional Officer or a Tehsildar,
as may be specified by the State Government,
(c) “Claims Settlement Commissioner” means the District Magistrate, the Deputy
Commissioner, the Collector or any other officerrin-charge of a revenue district in a State
appointed as such by a State Government,
(d) “Clause” means clause ofthis scheme,
(e) “District-level Committee” means a Committee set up under Clause 11.
(f) “Form” means a Form annexed to the Scheme,
(g) “Standing Committee” means a Committee set up under Clause 3.
(h) “Transport Commissioner” means an officer appointed as such by the State

Government and includes the Director General of Transport, Director of Transport or the
Controllerof Transport, appointed by the State Government.
3. Standing Committee.—(1)There shall be a Standing Conimittee consisting of the

following members, namely:—
(a) Joint Secretary (Transport) Chairman
(b) Joint Secretary (Insurance) Member
(c) General Manager, General Insurance Corporation Member
• T.
24
(d) General Manager of each ofInsurance Companies
for the time being carrying on general insurance
business in India Member
(e) Transport Commissioners, one each fi-om three States,
nominated by the Central Government by rotation Member
(f) Director/Deputy Secretary (Finance Division)
Ministry of Surface Transport. Member
(g) An officer of General Insurance Corporation, ofthe
rank of Deputy General Manager(Accounts) .Member Secretary
(2)The person nominated as member by virtue of an office shall cease to be a member

when he ceases to hold that office.
(3)The term of office ofthe meihbers nominated under sub-clause(a)of clause(1)shall

be for a period of one year. " *
4. Remuneration of members of Standing Committee—A member shall not be paid

any remuneration, except travelling and daily allowance at(he rates admissible to him
and be paid from the sourcb he draws salary.
5. Powers and functions of the Standing Committee.^—^The Standing Comrhittee shall:
(i) periodically review the working of the scheme and its implementation and direct
corrective steps, wherever necessary;
(ii) considering the issues raised in the report ofthe District-level Committee and
provide guidance or directions, wherever called for.
(hi) framing regulations for conduct of business by Standing Committee and District-
level Committee. ^
6. Meeting of the Standing Committee.—The Standing Committee shall meet at such

time, date and at such a place as a Chairman may,from time to time, appoint in this
behalf:
Provided that the Committee shall meet at least twice a year.

)
7. Quorum.—^Not less than three members shall form a quorum:
25
Provided that if at any meeting there is no quorum,the Chairman may adjourn the
meeting to a date not less.than seven days later, informing the members present and
sending notices to other members that he proposes to dispose ofthe business at the
adjourned meeting, whether there is a quorum or not and he may thereupon dispose ofthe
business at such adjourned meeting.
8. Decision by majority.—Every matter shall be determined by the majority of votes of

the members present and voting and in case of equality of votes, the Chairman shall have
a casting vote.
9. Notice of meeting.—(1)Notice shall be given by the member-Secretary to every

member of the time, date and place fixed for each such meeting at least seven days before
such meeting and each member shall be fiimished with a list of business to be disposed of
at the said meeting:
Provided that when an urgent meeting is called by the Chairman,such notice shall not be
necessary. However, member-Secretary shall send an intimation to each member.
(2)No business which is not on the list of business shall be considered at a meeting
without the permission ofthe Chairman.
10. Minutes of the meeting.—The proceedings of each meeting ofthe Standing

Committee shall be circulated to all members and thereafter recorded in a minutes book
which shall be kept as permanent record. The record ofthe proceedings of each meeting
shall be signed by the Chairman.
11. District Level Committee.—(1)There shall be a District Level Committee in each

District consisting of the following members, namely:—
(a) Claims Settlement Commissioner Chairman
(b) Claims Enquiry Officer, nominated by the State Government Member
(c) The Regional Transport Officer or any other officer of

Motor Vehicles Department as nominated by the
State Government Member
(d) Any member of the public or, a voluntary organisation

connected with the road safety aspects nominated by
the Chairman.
(e) Divisional Manager ofthe Insurance Company Member-Secretary
(2)A person nominated as a member by virtue of an office shall cease to be member

when he ceases to hold that office.
26
2[(3) The term of office ofthe members nominated under items(b),(c) and(d)of sub
clause(1)shall be determined by the State Government.]
12. Remuneration of Member of the District Level Committee.—member shall not

be paid any remuneration except travelling and daily allowance at the rate admissible to
him in his respective Department and be paid from the source he draws salary. A member
nominated under clause(d)shall be paid travelling allowance/deamess allowance by
General Insurance Coiporation,'at the rate as may be decided by the General Insurance
Corporation. .
13. Powers and functions of District Level Committee.—The District Level

Comihittee shall undertake all functions connected with the implementation ofthe
scheme at the District Level. It shall also perform functions such as:
(i) to evaluate the progress ofimplementation ofthe scheme in the concerned

District and take corrective Steps, wherever necessary;
(ii) to submit a report on quarterly basis to the Standing Committee. The report shall -
inter alia include statistics month-wise, about the claim applications received, awarded,
pending and reasons for pendency;
(iii) to keep close liaison with other authorities in the district so as to ensure that
scheme gets adequate publicity;
(iv) to provide îdance/elarifications to concerned authorities wherever called for.
14. Meeting of the District Level Committee.—The District Level Committee shall
meet at such time, date and at such place, within the concerned District itself, as the
Chairman may,from time to time, appoint in this behalf:
Provided that the Committee shall meet at least once in each quarter.
15. Quorum.—^Not less than two members shall form a quorum.
16. Decision by majority.—-Every matter shall be determined by a majority of vote of

the members present and voting. In case of equality of votes. Chairman shall have a
casting vote.
17. Notice of meeting.—(1)Notice shall be given by member-Secretary to each member

ofthe time, date and place fixed for the meeting at least seven days before such a meeting
and each member shall be furnished with a list of business to be disposed of at the said
meeting:
Provided that when an urgent meeting is called by the Chairman, such notice shall ript be
necessary. However, member-Secretary shall send an intimation to each member.
27
(2)No business which is not on the list of business shall be considered at a meeting
without the permission ofthe Chairman.
18. Minutes of the meeting.—The proceedings of each meeting of the District Level
Committee shall be circulated to all members and thereafter recorded in a minute book
which shall be kept as a permanent record. The record of the proceedings of each meeting
shall be signed by Chairman.
19. Nomination ofinsurance company.—General Insurance Corporation shall nominate

any of its office or an insurance company in each District for settlement of claims under
section 161 ofthe Act and of this scheme.
20. Procedure for making the claim application.—(1)The applicant shall submit an
application seeking compensation under this scheme in Form I alongwith duly filled in
discharge receipt in Form II and the undertaldng in Form V to the Claims Enquiry Officer
ofthe Sub-Division or Taluka in which the accident takes place.
(2) An application under clause(1)shall be made within a period of six months from the
date of the accident:
Provided that an application made after six months but not after 12 months from the date
ofthe accident may be accepted by the Claims Enquiry Officer, if he is satisfied that
there are reasonable grounds to condone the delay.
(3) Where the Claims Enquiry Officer does not accept the grounds advanced by the :
applicant he shall record speaking orders and communicate to the applicant reasons for
not accepting the claim application.
21. Procedure to be followed by the Claims Enquiry Officer.-^!) On receipt of

claims application, the Claims Enquiry Officer shall immediately obtain a copy ofthe
FIR,inquest report, post mortem report or certificate ofinjury, as the case may be,from
the concerned authorities and hold enquiry in respect of claims arising out of hit and run
motor accidents. , .
(2)It shall be the duty of the Claims Enquiry Officer—.
(a) to decide as to who are the rightful claimants, where there are more than one
claimants;
(b) to submit, as early as possible, and in any case within a period of one month
from the date ofreceipt of application a report in Form III alongwith duly discharged
receipt in Form II and the undertaking in Form V alongwith his own recommendation.
(3) Where the Claims Settlement Commissioner has returned any report to the Claims
Enquiry Officer for further enquiry under sub-clause (2)of clause 22,the Claims Enquiry
28
Officer shall make such additional enquiries as may be necessary and re-submit the report
to the Claims Settlement Commissioner within 15 days for final order.
22. Sanctioning of claims.—(1)On receipt ofreport ofthe Claims Enquiry Officer, the
Claims Settlement Commissioner shall sanction the claim, as far as possible, within a
period not exceeding fifteen days fi'om the date ofreceipt of such report and
communicate the sanction order in Form IV alongwith duly discharge receipt in Form IT
and the undertaking in Form V to the nominated officer of the insmance company, with a
copy to the following:— '
(a) the Claims Enquiry Officer.
(b) the claimant,
(c) the concerned Motor Accident Claim Tribunal,

(d) the concerned Transport Commissioner,
(e) General Insurance Corporation headquarters.
(2) Where the Claims Sefflenient Commissioner has any doubt in respect ofthe report
submitted by the Claims Enquiry Officer, he shall return the report to the Claims Enquiry
Officer for further enquiry, indicating the'specific points on which the enquiry is to be
made.
23. Payment of compensation.—(1)In the case of claims arising out ofthe death, the
payment shall be made to the legal representatives ofthe deceased decided by the Claims
Enquiry Officer.
(2)In the case of claims arising out of grievous hurt, the payment shall be made to the
person injiued.
(3)The nominated office ofthe insurance company,immediately on receipt of

the sanction order in Form IV together with discharge receipt in Form II and rmdertaking
Form V shall make the payment to the claimant and despatch cheque/demand draft to the
claimant through registered post AD and simultaneously send intimation to all the
concerned authorities to whom the copy ofthe sanctioned order is endorsed.
(4)The payment to the claimant by the insurance company shall be made within 15 days
frpm the date ofreceipt of the sanction order together with discharge receipt and
wherever delay occurs, reasons therefore shall be explained to the Claims Settlement
Commissioner.
(5)Registered letters containing cheque/demand draft, if returned undelivered fi'om

claimants shall be placed before the Claims Settlement Commissioner for ftirther
directions.
29
(6) The nominated officer ofthe insurance company shall furnish money return giving
number and the date ofthe sanction order, date ofreceipt of sanctioned order payments
made,sanction order pending for payment,to the Claims Settlement Commissioner with
a copy to Claims Enquiry Officer and General Insurance Corporation Headquarters,
Bombay.
24. Annual report.—The General Insurance Corporation shall prepare to place an annual
report on the working of the scheme before the Standing Committee and also forward a
copy to the Central Government.
FORM I
[Clause 20 (1)]
Form of application for compensation from Solatium Fund
I, son*/daughter*/widow* of Shri residing at

.........i.i.,, having been grievously injured in.motor vehicle accident
hereby apply for grant of compensation for the gnevous injuries sustained. Necessary
particulars in respect ofthe injury sustained by me are given below:—
I soil oEdaughter oEwidow of" Shri residing at

hereby apply as a legal representative/agent for the grant of
compensation on account of death/injuries sustained by Shri/Shrimati/Kumari
son of/daughter pf/widow* of Shri.......... who
died/had sustained injuries in a motor vehicle accident on at
: Particulars in respect of accident and other information are given

below:
, 1. Name and father’s name of person injured.(husband’s name in case of married

woman or widow):
2. Address ofthe person injured/dead:
3. Age Date of Birth.
4. Sex ofthe person injured/dead:
5. Place, date and time ofthe accident:
6. Occupation ofthe person injured/dead:
7. Nature ofinjuries sustained:

\
30
8. Name and address ofPolice Station in whose jurisdiction accident took place or
was registered:
9. Name and address ofthe Medical Officer/Practitioner who attended on the

ihjured/dead:
10. Name and address ofthe claimant/claimants:
11. Relationship with the deceased:
12. Any other information that may be considered necessary or helpful in the
disposal ofthe claim: ' ^^
I hereby swear and affirm that all the facts noted above are true to the best of my
knowledge arid belief. .
SIGNATURE OF THE CLAIMANT
*Strike out whichever is not applicable.
FORM II
[Clause 20 (i)]
ANNEXURE - SANCTION ORDER NO.
Dated:
Discharge Receipt
Received with thanks from Insurance Co. Ltd. sum ofRs heing the
compensation under hit and run provisions ofthe Motor Vehicles Act in full and final
settlement of my claim for the accident occurred to me/to the deceased person (name
, of deceased) on... (date of,accident) at, (name of place).
Signature on revenue stamp
by beneficiary/victim
WITNESS:
FORM III
31
X
[Clause 21 (2)(b)]
Claims enquiry report to be submitted by the Claims Enquiry Officer to the Claims
Settlement Commissioner
1. Name and address ofthe person dead/injured:
2. Place, time and date of the accident:
3. Particulars ofthe Police Station in which the accident was registered:
4. Particulars of the Medical Officer/Practitioner who examined the dead/injured:
5. Particulars of persons summoned and examined:
6. Whether the fact of death/injury by hit and run motor accident has been
established or not and the reason for coming to that conclusion:
7. The name and address of claimant(s) eligible for payment of compensation:
8. The amount of compensation recommended for payment to the claimant.(In case

of more than one claimant the amount each one ofthe claimants is eligible and the
reasons thereof shall be specified).
9. Any other information or records relevant or useful for the settlement ofthe
claim.
Signature, designation
ofthe Claims Enquiry Officer.
Seal:
Date:
FORM IV
[Clause 22 (1)]
Serial No,
Claims Settlement Commissioner
District.
ORDER
32
I hereby sanction Rs. 8500/2000(Rupees Eight Thousand Five Hundred only)./(Rupees

Two Thousand only) as compensation in respect ofthe death of (Name of
deceased)/grievous hurt to (Name ofthe injured) resulting from hit and run motor
accidents which took place at .....(Name of place) on (Date)to
Shri/Shrimati/Kumari as legal representative ofthe deceased( )or to (Name
of injured).
CCto:—
1; Office ofthe Insurance Company:
.2. The Claimant;
3. Motor Vehicles Accident Claims Tribunals;
4. Claims Enquiry Officer;
5. General Insurance Corporation ofIndia; Churchgafe, Bombay-400020.
FORMV
[Clause 20(1)]
(Under section 162 ofthe Motor Vehicles Act,1988).
I/We, as legal representative(s) of the deceased/injured, hereby give

undertaking that I/we shall refund the amount of compensation awarded to me/us under
sanction order No, dated. by the Claims Settlement Commissioner, to
the insurer in case I/we am/are awarded any other compensation or amount in lieu of or
by way of satisfaction of a claim for compensation in respect of death or grievous hurt
to. .under any'other provisions ofthe Motor Vehicles Act, 1988 or any other law for
the time being in force or otherwise.
Signature ofthe legal representative
ofthe deceased/injured person.

33
1. Vide S.O. 440(E), dated 12th June, 1989, published in the Gazette ofIndia, Extra.,
Pt. II, Sec. 3 (ii), dated 12th June, 1989.
2. Subs, by S.O.'668 (E), dated 7th October, 1991 (w.e.f. 7-10-1991).

34
Annexure A-2
Ho -jfo T^°—(•^>04/0007/2003—19 REGISTERED NO. PL—(N)04/0007/2003—19
Mi
3lKa
Ithc(âêtte ofJhudla
EXTRAORDINARY
’IFT II— 1
PART II —Section 1
wrfw
PUBLISHED BY AUTHORITY
;'l
Tio 51] IWI, STTOf 9, 2019/ 18, 1941(^)
No.51] NEW DELHI,FRIDAY,AUGUST 9,2019/SHRAVANA18,1941(SAKA)
’IFT-if Wr^^1 %-qf aieFT ^^ ^ I

Separate pa^ng is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 9th August, 2019/Shravana IS, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information;—
THE MOTOR VEHICLES(AMENDMENT)ACT, 2019

No. 32 OF 2019
[9th August,2019.]
An Act further to amend the Motor Vehicles Act, 1988.
Be it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
CHAPTER!
Preliminary
1.(i)This Act may be called the Motor Vehicles(Amendment)Act,2019. Short title and
commencement.
(2)It shall come into force on such date as the Central Government may,by notification
in the Official Gazette,appoint and different dates may be appointed for different provisions
of this Act and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
59 of 1988. 2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act), in Amendment
section 2,— of section 2.
(0 for clause (/), the following clauses shall be substituted, namely:—
‘(1) “adapted vehicle” means a niotor vehicle either specially designed

. and constructed, or to which alterations have been made under sub-section (2)
35
2 ■ THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
of section-52, for the use of a person suffering from any physical defect or
disability, and used solely by or for such person;
(7A) “aggregator” means a digital intermediary or market place for a
passenger to coimect with a driver for the pur pose of transportation;
{IB)“area”, in relation to any provision of this Act, means such area as the
State Government may, having regard to the requirements of that provision,
specify by notification in the Official Gazette;’;
(?■/) after clause {4), the following clause shall be inserted, namely:—
X4A) “community service” means an unpaid work which a person is required
to perform as a punishment for an offence committed under this Act;’;
iin) after clause (9), the following clause shall be inserted, namely:—
‘(9A) “driver refresher training course” means the course referred to in

sub-section (2A) of section 19;’;
(/v) after clause (72), the following clause shall be inserted, namely:—
\12A) “golden hour” means the time period lasting one hour following a
ttaumatic injury during which there is highest likelihood of preventing death by
providing prompt medical care;’;
(v) clause {18) shall be omitted;
{vi) in clause {24), for the words “invalid cairiage”, the words “adapted vehicle”
shall be substituted;
{vii) in clause (26), for the words “invalid carriage”, the words “adapted vehicle”
* s
{viii) after clause {38), the following clause shall be inserted, namely:—
\38A) “scheme” means a scheme framed under this Act;’;

(iv) after clause (42), the following clause shall be inserted, namely:—
‘(42Aj “testing agency” means any entity designated as a testing agency

under section 1 lOB;’;
(jc) in clause {49), after the word "rests", the words "or moves" shall be inserted.
Insertion of 3. After section 2A of the principal Act, the following section shall be inserted,
new section
namely:—
2B.
Promotion of “2B. Notwithstanding anything contained in this Act and subject to such
innovation.
conditions as may be prescribed by the Central Government, in order to promote
innovation, research and development in the fields of vehicular engineering,
• mechanically propelled vehicles and transportation in general, the Central Government ;
may exempt certain types of mechanically propelled vehicles from the application of ,
the provisions of this Act.”.
Amendment 4. In section 8 of the principal Act,—
of section 8.
(/) in sub-section (7), for the words “the licensing authority having jurisdiction
in the area”, the words “any of the licensing authority in the State” shall be substituted;
{ii) in sub-section (2), for-the words “and with such fee”, the words “with such
fee and submit in such manner, including electronic means’,’ shall be substituted;
{Hi) in sub-section (3),—
{a) after the word “application”, the words “to drive a transport vehicle
made” shall be inserted;
36
Sec. 1] THE GAZETTE OFINDIAEXTRAORDINARY 3
(b)the proviso shall be omitted;

(iv)in sub-section(4), in the proviso,for the words “invalid carriage”,the words
‘adapted vehicle” shall be substituted;
(v) in sub-section (5), for the words “passes to the satisfaction of the licensing
authority such test”, the words “satisfies such conditions” shall be substituted;
(vi)in sub-section(6), after the proviso,the following provisos shall be inserted.
namely:-
“Provided further that a licencing authority may issue a learner’s licence in
electronic form and such manner as may be prescribed by the Central
Government.:
Provided also that the licensing authority may,before issuing the license,
verify the identity of the applicant in such manner as may be prescribed by the
Central Government.”.
5.In section 9 of the principal Act,— Amendment

of section 9.
(i) in sub-section (i), for the words “the licensing authority having jurisdiction
in the area”, the words “any licensing authority in the State” shall be substituted; ,
(ii) in sub-section (5), for the second proviso, the following proviso shall be
substituted, narriely:—
“Provided further that a driving licence for driving an adapted vehicle may
be issued to the applicant, if the licensing authority is satisfied that he is fit to
drive such motor vehicle.”;
(in) in sub-section (4), the words “such minimum educational qualification as

may be prescribed by the Central Government and” shall be omitted;
(iv) in sub-sectioii (5), in the proviso, after the words'“last such tesf’, the words
and figures “and such applicant shall be required to complete a remedial driver training
course from any school or establishment under section 12” shall be inserted.
6. In section 10 of the principal Act, in sub-section (2), in clause (c), for the words Amendment
of section 10.
“invalid candage”, the words “adapted vehicle” shall be substituted.
7. In section 11 of the principal Act,— Amendment
of section 11.
(i) in sub-section (/), for the words “the licensing authority having jurisdiction
in the area”, the words “any licensing authority in the State” shall be substituted; ,
(ii) in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that the licensing authority may, before issuing the license
verify the identity of the applicant in such manner as may be prescribed by the
Cenh'al Government.”.
8.In section 12 of the principal Act, after sub-section (4), the following sub-sections Amendment
of section 12.
shall be inserted, namely:—
“(5) Notwithstanding anything contained in any other provision, where any
school or establishment has been accredited by a body notified by the Central
Government under any other law for the time being in force, any person who has
successfully completed a training module at such school or establishment covering a
particular type of motor vehicle shall be eligible to obtain a driving licence for such
type of motor vehicle.
(6)The cuniculum of the training module refen'ed to in sub-section(5)and the
remedial driver training course refeixed to in sub-section (.5) of section 9 shall be such
as may be prescribed by the Central Government and that Government may make rules
for the regulation of such schools or establishments.”.
37
4 THE GAZETTE OFINDIA EXTRAORDINARY [Part II—
Amendment 9. In section 14 of the principal Act, in sub-section (.2),—

of section 14.
(0 in clause(a),—
(A)for the words “three years”,the words “five years” sha!1 be substituted;
(B) in the proviso, for the portion beginning with the words “one year”
and ending with the word “and” the words “three years and renewal thereof
shall be subject to such conditions as the Central Government may prescribe;
and”, shall be substituted;
(ii) for clause (b), the following clause shall be substituted, namely:—
. (4
(b) in the case of any other licence, subject to such conditions as the
Central Government may prescribe, if the person obtaining the licence, either
originally or on renewal thereof,—
(0 has not attained the age of thirty years on the date of issue or,
renewal thereof, be effective until the date on which such person attains
the age of forty years; or
(ii) has attained the age of thirty years but has not attained the age
of fifty years on the date of issue or, renewal thereof, be effective for a
period of ten years from the date of such issue or renewal; or
■ {Hi) has attained the age of fifty years but has not attained the
age of fifty-five years on the date of issue or, renewal thereof, be
effective until the date on which such person attains the age of sixty
years; or
{iv) has attained the age of fifty-five years on the date of issue or as
the case may be, renewal thereof, be effective for a period of five years
from the date of such issue or renewal.”;
(Hi) the proviso shall be omitted.

of section 15.
(/) in sub-section (/), in the first proviso,for[he words “more than thirty days”,
the words “either one year prior to date of its expiry or within one year” shall be
substituted;
(n)in sub-section(i),for the words “thirty days”,the words “one year” shall be
substituted; and
(Hi) in sub-section (4),—

(a)for the words “thirty days”, the words “one year” shall be substituted;
and
(b)in the second proviso for the words “five years after the driving license
has ceased to be effective, the licensing authority may”, the words “one year
after the driving licence has ceased to be effective,the licensing authority shall”
shall be substituted.

of section 19.
(/) after sub-section (/), the following sub-section shall be inserted, namely:—
“(7A)Where a licence has been forwarded to the licensing authority under
sub-section(4)of section 206,the licensing authority, if satisfied after giving the
holder of the driving licence an opportunity of being heard, may either discharge
the holder of a driving licence or,it may for detailed reasons recorded in writing,
make an order disqualifying such person from holding or obtaining any licence
to drive all or any class or description of vehicles specified in the licence—
38
THE GAZETTE OFINDIAEXTRAORDINARY 5
Sec. 1]
(a)for a first offence,for a period of three months;

(b)for a second or subsequent offence, with revocation ofthe driving r
licence of such person:
Provided that where a driving licence is revoked under this section,
the name of the holder of such driving licence may be placed in the public
. domain in such manner as may be prescribed by the Central Government.”;
(li) in sub-section (2),—
(a) after the word, brackets and figure “sub-section (7)”, the words;
brackets, figure and letter “or sub-section (lA)” shall be inserted;
(b)for the proviso, the following proviso shall be substituted, namely:—
“Provided that the di'iving licence shall be returned to the holder at
the end of the period of disqualification only if he successfully completes
the driver refresher training coiu'se.”;
(iii) after sub-section(2),the following sub-sections shall be inserted,namely:—
“(2A)The licence holder whose licence has been suspended shall undergo
I the driver refresher training course from a school or establishment licenced and
regulated under section 12 or such other agency, as may be notified by the
Central Government.
{2B) The nature, syllabus and duration of the driver refresher training
course shall be such as may be prescribed by the Central Government.”;
(/v)in sub-section(i), after the word, brackets and figure “sub-section (7)”,the
words, brackets, figure and letter “or sub-section (7A)” shall be inserted.
Insertion of
12. After section 25 of the principal Act, the following section shall be inserted;
new section
namely:— 25 A.
“25A.(7)The Central Government shall maintain a National Register ofDriving National

Register of
Licences in such forih and manner as may be prescribed.
Driving
Licences.
(2)All State Registers ofDriving Licences shall be subsumed under the National
Register of Driving Licences by a date to be notified by the Central Government,
(i)No driving licence issued, or renewed, under this Act shall be valid unless it
has been issued a unique driving licence number under the National Register ofDriving
Licences.
{4)All State Governments and licensing authorities under this Act shall transmit
all information including contained data in the State Register of Driving Licences in
such form and manner as may be prescribed by the Central Government.
(.5) The State Governments shall be entitled to access the National Register and
update their records in such manner as may be prescribed by the Central Government.”.
Substitution of
13. For section 26 of the principal Act, the following section shall be substituted.
new section
namely:— for section 26.
Maintenance
“26.Each State Government shall maintain,in Such form as may be prescribed by
of State
the Central Government,a register to be known as the State Register ofDriving Licences, Registers of
in respect of driving licences issued and renewed by the licensing authorities of the Driving
State Government,containing particulars, including— Licences.
(fl) names and addresses of holders of driving licences;

(7t)licence numbers;
39
6 THE GAZETTE OFINDIA EXTRAORDINARY [Part II-
(c) dates of issue or renewal of licences;
{d) dates of expiry of licences;

(e) classes- and types of vehicles authorised to be driven; and
(f) such other particulars as the Central Government may prescribe.”.
Amendment 14. In section 27 ofthe principal Act,—
of section 27.
(0 after clause(d), the following clauses shall be inserted, namely:—
“(da) the form and manner in which a licensing authority may issue a
learner’s licence under sub-section (6) of section 8;
(db)the manner in which a licensing authority may verify the identity of
the applicant under the third proviso to sub-section (6) of section 8;”;
(ii) after clause (/), the following clauses shall be inserted, narnely:—
“(Jo)the curriculum of training modules and the regulation of schools and
establishments under sub-section (6) of section 12;
(jb) the conditions for the renewal of licence to drive transport vehicles
carrying goods of dangerous or hazardous nature and other motor vehicles
under clause (a) and clause (b) of sub-section (2)of section 14;
, (jc)the manner in which a licensing authority may verify the identity of the
applicant under the third proviso to sub-section (2) of section 11;”;
(in) after clause (nj, the following clauses shall be Inserted, namely:—
“(no)the manner of placing in the public domain ofthe name of the licence
holder as referred to in sub-section (lA)of section 19;
(nb)providing for the nature,syllabus and duration of the driver refresher

training course as referred to in sub-section (2B) of section 19;”;
(iv) after clause(o), the following clause shall be inserted, namely:—
“(oa) all or any of the matters refencd to in section 25A;”;
(v) in clause (p), the words, brackets and figure “sub-section (7) of” shall be
omitted.
Amendment 15. In section 28 of the principal Act, in sub-section (2), clause (j) shall be omitted.
of section 28.
Amendment 16.In section 40 ofthe principal Act,for the words “a registering authority”,the words
of section 40.
‘any registering authority in the State” shall be substituted.
of section 41.
(/) in sub-section (7), after the proviso, the following proviso shall be inserted.
namely:—
“Provided further that in the case of a new motor vehicle, the application
for registration in the State shall be made by the dealer of such motor vehicle, if
the new motor vehicle is being registered in the same State in which the dealer is
situated.”;
(ii) in sub-section (3),—
(a) for the words “to the owner of a motor vehicle registered by it a
certificate of registration”,the words “a certificate ofregistration in the name of
the owner” shall be substituted;
40
Sec. 1] THE GAZETTE OFINDIA EXTRAORDINARY 7
(Hi) in sub-section (6), the following proviso shall be inserted, namely:—

“Provided that in case of a new motor vehicle, the application for the
registration of which is made under the second proviso to sub-section (7), such
motor vehicle shall not be delivered to the owner until such registration mark is
displayed on the motor vehicle in such form and manner as may prescribed by
the Central Government.”;
(iv) in sub-section (7),—
(a)the words “other than a transport vehicle” shall be omitted; and

(b) after the words “date of issue of such certificate”, the words “or for
such period as may be prescribed by the Central Government” shall be inserted;
(v)in sub-section(8),the words “other than a transport vehicle,” shall be omitted;
(vi) in sub-section (/O),—
(a)for the words “for a period of five years”, the word's “for such period,
as may be prescribed by the Central Government” shall be substituted;
(b)the following proviso shall be inserted, namely:—
“Provided thatthe Central Government may prescribe different period
of renewal for different types of motor vehicles.”;
(vii) sub-sections {11),(72) and (75) shall be omitted.
18. For section 43 of the principal Act, the following section shall be substituted. Substitution of
new section
namely:— ..1
for section 43.
“43. Notwithstanding anything contained in section 40, the owner of a motor Temporary
Registration.
vehicle may apply to any registering authority or other authority as may be prescribed
by the State Government to have the motor vehicle temporarily registered and such
authority shall issue a temporary certificate of registration and temporary registration
mark in accordance with such rules as may be made by the Central Govermnent:
Provided that the State Government may register a motor vehicle that plies,
temporally, within the State and issue a certificate ofregistration and registration mark
for a period of one month in such manner as may be prescribed by the State
Government.”.
19, For section 44 of the principal Act, the following section shall be substituted. Substitution of
new section
namely:—
for section 44.
“44. (7) Subject to such terms and conditions as may be prescribed by the Production of
vehicle at the
Central Government in this behalf, a motor vehicle sold by an authorised dealer shall
time of
not require production before a registering authority for the purposes of registration registration.
for the first time.
(2) Subject to such tenns and conditions as may be prescribed by the State
Government,a person in whose name a certificate ofregistration has been issued shall
not be required to produce the vehicle registered or transferred before a registering
authority.”.

of section 49.
(0 in sub-section (7),for the words “registering authority, to that other registering
authority”,the words “State,to any registering authonty in that State” shall be substituted;
(ii) after sub-section (7),the following sub-section shall be inserted, namely:—
“(7A)The intimation under sub-section (7) may be sent to the appropriate
registering authority in electi'onic foim along with the electronic form of such
41
8 THE GAZETTE OFINDIA EXTRAORDINARY [PartII—
documents, including proof of authentication in such manner as may be

prescribed by the Central Government.”;
(Hi) in sub-section (2), for the words “one hundred rupees”, the words “five
hundi'ed rupees” shall be substituted.
of section 52.
(i) in sub-section (I), for the second proviso, the following proviso shall be
substituted, namely;—
“Provided further that the Central Government may prescribe
specifications, conditions for approval, retrofitment and other related matters
for the alteration of motor vehicles and in such cases, the wan-anty granted by
the manufacturer shall not be considered as void for the purposes of such
alteration or retrofitment.”;
(ii) after sub-section (7), the following sub-section shall be inserted, namely:—
“(/A)A manufacturer of a motor vehicle shall on the direction issued by
the Central Government,alter or retrofit safety equipment,or any other equipment
in accordance with such standards and specifications as may be specified by
the Central Government.”;
(in)for sub-section(2),the following sub-section shall be substituted,namely:—

“(2) Notwithstanding anything contained in sub-section (7), any person
may, with the subsequent approval of the registering authority, alter or cause to
be altered any vehicle owned by him to be converted into an adapted vehicle:
Provided that such alteration complies with such conditions as may be
prescribed by the Central Government.”;
(iv)in sub-section (5),the words, brackets and figure “or by reason ofreplacement
of its engine without such approval under sub-section (2)” shall be omitted.
Amendment 22.In section 55 of the principal Act, after sub-section (5), the following sub-section
of section 55.
shall be inserted, namely:-^
“(5A) If any registering authority or other prescribed authority has reason to
believe that any motor vehicle within its jurisdiction has been used in the commission
of an offence punishable under section 199A,the authority may,after giving the owner
an opportunity of making a representation in writing,cancel the certificate ofregistration
'of the vehicle for a period of one year:
Provided that the owner of the motor vehicle may apply for fresh registration in
accordance with the provisions of section 40 and section 41.'.'.
of section 56.
(0 in sub-section (7), after the proviso, the following proviso shall be inserted.
namely:—
“Provided further that no certificate of fitness shall be granted to a vehicle,

after such date as may be notified by the Central Government, unless such
vehicle has been tested at an automated testing station.”;
(ii)for sub-section(2),the following sub-section shall be substituted, namely:—
“(2) The “authorised testing station” refen'ed to in sub-section (7) means
any facility, including automated testing facilities, authorised by the State
Government, where fitness testing may be conducted in accordance with the
rules made by the Cenhal Government for recognition,regulation and control of
such stations.”;
42
Sec. 1] THE-GAZETTE OFINDIAEXTRAORDINARY 9
(Hi)in sub-section {4),for the proviso,the following provisos shall be substituted,

namely;—
“Provided that no such cancellation shall be made by the prescribed
authority unless,—
(a) such prescribed authority holds such technical qualification as
may be prescribed by the Central Government and where the prescribed
authority does not hold .the technical qualification, such cancellation is
made on the basis ofthe report of an officer having such qualification;,and
(b)the reasons recorded in writing cancelling a certificate offitness
are confirmed by an authorised testing station chosen by the owner of the
. vehicle whose certificate of fitness is sought to be-cancelled:
Provided further that if the cancellation is confirmed by the authorised
testing station, the cost of undertaking the test shall be borne by the owner of
the vehicle being tested and in the alternative by the prescribed authority.”;
(iv) after sub-section(5),the following sub-sections shall be inserted,namely;—
“(6) All transport vehicles with a valid certificate of fitness issued under
this section shall carry, on their bodies, in a clear and visible manner such
distinguishing mark as may be prescribed by the Central Government.
(7)Subject to such conditions as the Cenrtal Government may prescribe,
the provisions of this section may be extended to non-transport vehicles.”.
24. In section 59 of the principal Act, after sub-section (i), the following sub-section Amendment
of section 59.
“(4) The Central Government may, having regard to the public safety,
convenience, protection of the environment and the objects of this Act, make rules
prescribing the manner of recycling of motor vehicles and parts thereof which have
exceeded their life.”.
25. After section 62 in the principal Act, the following sections shall be inserted. Insertion of
new sections
namely:-
62A and 62B.
“62A. (/) No registering authority shall register any motor vehicle that Prohibition of
registration
contravenes any rule made under clause {a) of sub-section (/)of section 110.
and issuance
(2)No prescribed authority or authorised testing station shall issue a certificate of certificate
of fitness to
of fitness under section 56 to any motor vehicle that contravenes any rule made under oversized
section 110. vehicles.
62B.(7) The Central Government shall maintain a National Register of Motor National
Vehicles in such form and manner as may be prescribed by it; Register of

Motor
Provided that all State Registers of Motor Vehicles shall be subsumed under the Vehicles.
National Register of Motor Vehicles by such date as may be notified in the Official
Gazette by the Central Government.
(2)No certificate ofregistration issued,or renewed, under this Act shall be valid
unless it has been issued a unique registration number under the National Register of
Motor Vehicles,
(i) In order to maintain the National Register of Motor Vehicles, all State
Governments and registering authorities under this Act shall transmit all information
and data in the State Register of Motor Vehicles to the Central Government in such
form and manner as may be prescribed by the Central Government.
43
10 THE GAZETTE OFINDIA EXTRAORDINARY [Part II
{4) State Governments shall be able to access the National Register of Motor
Vehicles and update records in accordance with the provisions of this Act and the
rules made by the Cendal Government thereunder.”.
Substitution of 26. For section 63 of the principal Act, the following section shall be substituted,
new section
namely:—
for section 63.
Maintenance 63.Each State Government shall maintain in such form as may be prescribed by
of State the Central Government a register to be known as the State Register of Motor Vehicles,
Registers of
motor
in respect of the motor vehicles in that State, containing the particulars including—
vehicles.
(a) registration numbers;
(b) years of manufacture;
(c) classes and types;

(cO names,and addresses of registered owners; and
(e)such other particulai's as may be prescribed by the Central Government.”.
Amendment 27.In section 64 of the principal Act,—
of section 64.
(/) after clause (r/), the following clause shall be inserted, namely:—
“(d(i) providing for the period of validity of a certificate of registration
under sub-section IT) of section 41;”;
(ii) after clause (e), the following clause shall be inserted, namely:—
“(ea)the period of renewal of certificate of registration of different types
of motor vehicles under sub-section (10) of section 41;”;
(in) after clause (/), the following clauses shall be inserted, namely:—
“(fa) the issue of temporary certificate of registration and temporary
registration mark under section 43;
(fb) the terms and conditions .under which a motor vehicle sold by an
authorised dealer shall not require production before a registering authority
under sub-section (/) of section 44;”;
(iv) after clause (/), the following clause shall be inserted, namely:—
I
“(fa) the form and manner for the electronic submission of the intimation
of change of address, documents to be submitted along with such intimation
including proof of authentication under sub-section (lA) of section 49;”;
(v) after clause ([), the following clauses shall be inserted, namely:—•
“(la)specifications,conditions for approval,retrofitment and other related

rnatters for the alteration of motor vehicles under sub-section (1)of section 52;
(lb) the conditions for the alteration of any motor vehicle into an adapted
vehicle under sub-section (2) of section 52;”;'
(vi) after clause (n), the following clauses shall be inserted, namely:—
“(na)the distinguishing mark to be carried on the body oftransport vehicles

under sub-section (6) of section 56;
(nb) the conditions under which the application of section 56 may be
. extended to non-transport vehicles under sub-section (7) of section 56;
(nc)the recycling of motor vehicles and parts thereof which have exceeded
their life under sub-section (4) of section 59;”;
44
(vii) after clause(o), the following clauses shall be inserted, namely:—

“(oa) all or any of the matters under sub-section(7)of section 62B;
(ob) all or any of the matters under sub-section (7) and sub-section (2)of
section 63;”.
28.In section 65 of the principal Act, in sub-section(2),— Amendment

of section 65.
(0 in clause (f), after the word “mai-ks”,the words and figures “under the proviso
to section 43” shall be inserted;
(i7) clause(o)shall be omitted. ,

of section 66.
(/■) in sub-section (7), after the third proviso, the following proviso shall be
inserted, namely:—
“Provided also that where a transport vehicle has been issued any permit
or permits, as well as a licence under this Act, such vehicle may be used either
under the permit, or permits, so issued to it, or under such licence, at the discretion
of the vehicle owner.”;
(ii) in sub-section (3), after clause (p), the following clause shall be inserted.
namely:—
, “(g) to any transport vehicle having been issued a licence under a scheme,
under sub-section (3) of section 67 or sub-section (7) of section 88A, or plying
under such orders as may be issued by the Central Government or by the State
Government.”. ' : ,
30. After section'66 of the principal Act, the following sections shall be inserted. Insertion of
new sections
namely:—
66A and 66B.
' “66A. The Central Government may develop a National Transportation Policy National
consistent with the objects of this Act in concurrence with the State Governments and Transportation
Policy.
other agencies with a view to—:
,(i) establ ish a planning fi-amework for passengers and goods transportation
within which transport bodies are to operate;
(ii) establish a medium and long term planning framework for all forms of
road transport, identify areas for the development of transport improvement
infrastructure across India in consultation with the authorities and agencies
related to ports, railways and aviation as well as with local and State level planning,
land holding and regulatory authorities for the delivery of an integrated
multimodal transport system;
(Hi) establish the fi-amework of grant of permits and schemes;
(iv) establish strategic policy for transport by road and its role as a link to ,
other means of transport;
(v) identify strategic policies and specify priorities for the transport system
that address current and future challenges;
(vi) provide medium to long term strategic directions, priorities and actions;
(vii) promote competition, innovation, increase in capacity, seamless
mobility and greater efficiency in transport of goods or livestock or passengers,
and economical use of resources;
(viii) safeguard the interest of the public and promote equity, while seeking to
enhance private participation and public-private partnership in the transport sector; .
45
12 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(ix) demonstrate an integrated approach to transport and land use

planning;
(x) identify the challenges that the National Transportation Policy seeks
to address; and
(xi) address any other matter deemed relevant by the Central Government.
No bar against 66B. No person who holds the permit issued under this Act shall—
permit hoiders
to apply and (a) be disqualified from applying for a licence under the scheme made
hold licences under sub-section (5)of section 67 or sub-section (./) of section 88A by reason
under
of holding such permit; and
schemes.
(b)be required to get such permit cancelled on being issued a licence

under any scheme made under this Act”.
of section 67.
(j)for sub-section (7),the following sub-section shall be substituted, namely:^—
“(7) A State Government, having regard to—
(a) the advantages offered to the public, trade and industry by the
development of motor transport;
.(7>) the desirability of co-ordinating road and rail transport;
(c)the desuability of preveriting the deterioration ofthe road system.
and
(d) promoting effective competition among the transport service

providers.
may,from time to time, by notification in the Official Gazette issue directions
both to the State Transport Authority and Regional Transport Authority regarding
the passengers’ convenience, economically competitive fares, prevention of
overcrowding and road safety.”;
(I'O in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that the State Government may subject to such conditions as
it may deem fit, and with a view to achieving the objectives specified in
clause (<7) of sub-section (7), relax all or any of the provisions made under this
Chapter.”;
(Hi)after sub-section (2),the following sub-sections shall be inserted, namely:—
“(3)Notwithstanding anything contained in this Act,the State Government
may,by notification in the Official Gazette, modify any permit issued under this
Act or make schemes for the transportation of goods and passengers and issue
licences under such scheme for the promotion of development and efficiency in
transportation—
(a)last mile connectivity;
(b) rural transport;
(c) reducing traffic congestion;
(d)improving urban transport;
(e) safety of road users;
(/) better utilisation of transportation' assets;
ig) the enhancement of economic vitality of the area, through
competitiveness, productivity and efficiency;
46
(h) the increase in the accessibility and mobility of people;

(0 the protection and enhancement of the environment;
(j) the promotion of energy conservation;
(k)improvement of the quality oflife;
(0 enhance integration and connectivity of the transportation
system, across and between modes of transport; and
(m)such other matters as the Central Government may deem fit.
(4) The scheme framed under sub-section (3), shall specify the fees to be
charged, form of application and grant of a licence including the renewal,
suspension, cancellation or modification of such licence.”.
32.In section 72 of the principal Act,in sub-section (2),the following proviso shall be Amendment
of section 72.
inserted, namely;—
“Pi-ovided that the Regional Transport Authority may waive any such condition
for a stage carriage permit operating in a iliral area, as it deems fit.”.
of section 74.
(i) in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that the Regional Transport Authority may in the interests of
last mile connectivity waive any such condition in respect of any such types of
vehicles as may be specified by the Central Government.”;
.. . ■ ^
(ii) in sub-section (J),- in the proviso to clause (b), after sub-clause (vi), the
following sub-clause shall be inserted, namely:—
“(v/i) self-help groups.”.
34. After section 88 of the principal Act, the following section shall be inserted. Insertion of
new section
namely:—
88A.
“88A. (J) Notwithstanding anything contained in this Act, the Central Power of
Central
Government may, by notification in the Official Gazette, modify any permit issued
Government
under this Act or make schemes for national, multimodal and inter-State transportation to make
of goods or passengers, and issde or modify licences under, such scheme for the schemes for
following purposes,namely:— national,
multimodal
(rt) last mile connectivity;' and Inter-State
transport of
(h) rural transport; passengers and
goods.
(c)improving the movement of freight, and logistics;
(d) better utilisation of transportation assets;
(e) the enhancement to the economic vitality of the area, especially by
enabling competitiveness, productivity and efficiency;
(/) the increase in the accessibility and mobility of people;
(g) the protection and enhancement of the environment;
(/i) the promotion of energy conservation;
(i)improvement ofthe quality of life;
(/) enhancementof the integration and connectivity of the transportation
system, across and between modes of transport; and
(k)such other matters as the Central Government may deem fit:
47
Provided that the Cenfral Government may, before taking any action under this
sub-section seek concurrence of the State Governments.
(2) Notwithstanding anything contained in sub-section (1), two or more States

may make schemes for the operation within such States for the inter-State transportation
of goods or passengers:
Provided that in the event of any repugnancy between the schemes made by the
. Central Government under sub-section (/) and schemes made by two or more States
under this sub-section, the schemes made under sub-section (/) shall prevail.".
Amendment 35;In section 92 ofthe principal Act,for the words “stage carriage or contract caixiage,
of section 92.
in respect of which a permit”, the words “transport vehicle, in respect of which a permit or
licence” shall be substituted.

of section 93.
(0 for the marginal heading,the following marginal heading shall be substituted,
namely:—
“Agent or canvasser or aggregator to obtain licence.”;

(a)after clause(u), the following clause shall be inserted, namely:—

“(Hi) as an aggregator,”;
ib) the following provisos shall be inserted, namely:—
“Provided that while issuing the licence to an aggregator the State
Government may follow such guidelines as may be issued by the Central
Government:
Provided further that every aggregator shall comply with the

provisions of the Information Technology Act, 2000 and the rules and 21 of 2000.
regulations made thereunder.”.
Amendment 37. In section 94 of the principal Act, after the word “permit” occuning at both the
of section 94. places the words “or licence issued under any scheme” shall be inserted.
Amendment 38. In section 96 of the principal Act, in sub-section (2), after clause (xxxii), the
of section 96.
following clauses shall be inserted, namely:—
“(xxxiia) framing of schemes under sub-section(3) of section 67;
(xxxiib) the promotion of effective competition, passenger convenience and
safety, competitive fares arid prevention of overcrowding;”.
of section
no. (/) in sub-section (7), in clause (7:), after the words “standards of the
components”, the words “, including software,” shall be inserted;
(ii) in sub-section (2), after the words “in particular circumstances”, the words
“and such rules may lay down the procedure for investigation,the officers empowered
to conduct such investigations, the procedure for healing of such matters and the
penalties to be levied thereunder” shall be inserted;
(Hi)after sub-section (2), the following sub-section shall be inserted, namely:—
“(2A)Persons empowered under sub-section(2)to conduct investigations
referred to in sub-section (2) shall have all the powers of a civil court, while
trying a suit under the Code of Civil Procedure, 1908 in respect ofthe following 5 of 1908.
matters, namely:—
48
(a) summoning and enforcing the attendance of any person and

examining him on oath; I
(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavit; and
(d) any other matter as may be prescribed.”.
40. After section 110 of the principal Act, the following sections shall be inserted, Insertion of
new sections
namely:—
IlOA and
MOB.
“11OA.(/)The Central Government may,by order,direct a manufacturer to recall Recall of

motor
motor vehicles of a particular type or its variants,if—
vehicles.
(a)a defect in that particular type of motor vehicle may cause harm to the
environment or to the driver or occupants of such motor vehicle or other road
users; and
(b) a defect in that particular type of motor vehicle has been reported to
the Cenhal Government by—
(i) such percentage of owners, as the Central Government, may by
notification in the Official Gazette,specify;or
(ii) a testing agency; or
(Hi) any other source.
(2) Where the defect referred to in sub-section (7) lies in a motor' vehicle
component,the Central Government may,by order, direct a manufacturer to recall all
motor vehicles which contain such component, regardless of the type or variants of
such motor vehicle. ‘
(i) A manufacturer whose vehicles are recalled under sub-section (1) or

sub-section (2)^ shall—
(a)reimburse the buyers for the full cost of the motor vehicle, subject to
any hire-purchase or lease-hypothecation agreement; or
(7i)replace the defective motor vehicle with another motor vehicle ofsimilar
or better specifications which complies with the standards specified under this
Act or repair it; and .
(c) pay such fines and other dues in accordance with sub-section (6).
(4) Where a manufacturer notices a defect in a motor vehicle manufactured by
him,he shall inform the Central Government ofthe defect and initiate recall proceedings
and in such case the manufacturer shall not be liable to pay fine under sub-section (i).
(5)The Central Goveniment may authorise any officer to conduct investigation
under this section.who shall have all the powers of a civil court, while trying a suit
5 of 1908. under the Code of Civil Rocedure, 1908 in respect of the following matters, namely:—
(a)summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of any document;

(c)receiving evidence on affidavit; and
(d) any other matter as may be prescribed.
(6) The Central Government may make rules for regulating the recall of motor
vehicles, of a particular type or its valiants, for any defect which in the opinion of the
49
16 THE GAZETTE OFINDIA EXTRAORDINARY [Part II—
Central Government, may cause harm to the environment or to the-driver or occupants

of such motor vehicle or to other road users.
Type- 1 lOB.(7)No motor vehicle,including a trailer or semi-ttailer or modular hydraulic

approval trailer or side car shall be sold or delivered or offered for sale or delivery or used in a
certificate and
testing
public place in India unless a type-approval certificate referred to in sub-section (2)
agencies. has been issued in respect of such vehicle:
Provided that the Central Government may, by notification in the Official Gazette,
extend the requirement oftype-approval certificate to other vehicles drawn or intended
to be drawn by a motor vehicle:
Provided further that such certificate shall not be required for vehicles which
are—
(a)intended for export or display or demonstration or exhibition; or

(7») used by a manufacturer of motor vehicles or motor vehicle components
or a research and development centre or a test by agency for testing and
validation or for data collection,inside factory premises or in a non-public place;
or
(c)exempted by the Central Government.

(2)The manufacturer or importer of motor vehicles including trailers,semi-trailers,
modular hydraulic trailers and side cars shall submit the prototype of the vehicle to be
manufactured or imported for test to a testing agency for obtaining a type-approval
certificate by such agency.
(J) The Central Government shall make rules for the accreditation, registration
and regulation of testing agencies.
{4) The testing agencies shall conduct tests on vehicles drawn from the
production line of the manufacturer or obtained otherwise to verify the conformity of
/
such vehicles to the provisions of this Chapter and the mles and regulations made
thereunder.
(5)Where the motor vehicle having a type-approval certificate is recalled under

section 1 l OA,the testing agency which gi'anted the certificate to such motor vehicle
shall be liable for its accreditation and registration to be cancelled.”.
Amendment 41.In section 114 of the principal Act,in sub-section(7),for the words “authorised in
of section this behalf by the State Govemmenf’, the words “or any other person authorised in this
114.
behalf by the State Govenunenf’ shall be substituted.
of section
116. (0 after sub-section (7), the following sub-section shall be inserted, namely:—
“(IA)Notwithstanding anything contained in sub-section(/), the National
Highways Authority ofIndia constituted under the National Highways Authority
of India Act, 1988 or any other agency authorised by the Central Government, 68 of 1988.
may cause or permit traffic signs, as provided in the First Schedule,to be placed
or erected or removed on national highways for the purpose of regulating motor
vehicle traffic and may order the removal of any sign or advertisement which in
its opinion is so placed as to obscure any traffic sign from view or is so similar in
appearance to a traffic sign as to mislead or is likely to distract the attention or
concentration of the driver:
■ Provided that for the purposes of this sub-section, the National Highway
Authority of India or any other agency authorised by the Central Government
may seek assistance from the authorities of the State Government and the said
State Government shall provide such assistance.”;
50
(») in sub-section (J), after the words, brackets and figure “provided by
sub-section (7)”, the words, brackets, figure and letter “or sub-section {IA)" shall be
inserted.
43.In section 117 ofthe principal Act,the following provisos shall be inserted,namely:— Amendment
of section
“Provided that the State Government or the authorised authority shall, give in.
primacy to the safety of road users and the free flow of traffic in determining such
places:
Provided further that for the purpose of this section the National Highways
Authority of India, constituted under the National Highways Authority of India Act,
68 of 1988. 1988 or any other agency authorised by the Central Government, may also determine,
such places.”.
44. For section 129 of the principal Act, the following section shall be substituted. Substitution of
new section
namely:
for section
129.
- ‘129.Every person,above four years of age,driving or riding or being carried on Wearing of

a motorcycle of any class or description shall, while in a public place, wear protective protective
headgear.
headgear conforming to such standards as may be prescribed by the Central
Government:
Provided that the provisions of this section shall not apply to a person who is a
Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a
turban: •
Provided further that the Central Government may by rules provide for measures
for the safety ofchildren below four years of age riding or being carried on a motorcycle.
Explanation — “Protective headgear” means a helmet which,—
{a) by virtue of its shape, material and construction, could reasonably be
expected to afford to the person driving or riding on a motorcycle a degree of
protection from injury in the event of an accident; and
{b) is securely fastened to the head of the wearer by means of straps or
other fastenings provided on the headgear.’.
45. After section 134 of the principal Act, the following section shall be inserted. Insertion of
namely:— new section
134A.
134A.(7)A Good Samaritan shall not be liable for any civil or criminal action for Protectio'n of
any injury to or death of the victim of an accident involving a motor vehicle, where Good
Samaritans.
such injury or death resulted from the Good Samaritan’s,negligence in acting or failing
to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for
questioning or examination of the Good Samaritan,disclosure of personal information
of the Good Samaritan and such other related matters.
Explanation.—^For the pui-poses of this section, “Good Samaritan” means a

person, who in good 'faith, voluntarily and without expectation of any reward or
compensation renders emergency medical or non-medical care or assistance at the
scene of an accident to the victim or transports such victim to the hospital.".
46,In section 135 of the principal Act,— Amendment

of section
(0 in sub-section (7),— 135.
{a)in clause (c), the word “and” shall be omitted;

51
18 THE GAZETTE OF INDIA EXTRAORDINARY [PartII—
(b) in clause (tf), for the word “highways”, the words “highways; and”
shall be substituted; and -
(//) after clause (ii), the following clause shall be inserted, namely:—
“(e) any other amenities in the interests of the safety and the convenience
of the public.”;
(Hi)after sub-section (2), the following sub-section shall be inserted,namely;—^
“(i)The Cenhal Government may,by notification in the Official Gazette,
make one or more schemes to conduct in-depth studies on the causes and
analysis of road accidents.”.
Insertion of 47. After section 136 of the principal Act, the following section shall be inserted.
new section namely:—
136A.
Electronic ‘136A. (1) The State Government shall ensure electronic monitoring and
monitoring enforcement of road safety in the manner provided under sub-section (2)on national
and
enforcement
; highways, state highways, roads or in any urban city within a State which has a
of road safety. population up to such limits as may be prescribed by the Central Government.
(2)The Central Government shall make rules for the electronic monitoring and
enforcement ofroad safety including speed cameras,closed-circuit television cameras,
speed guns, body wearable cameras and such other technology.
Explanation.—For the purpose of this section the expression “body wearable
camera” means a mobile audio and video capture device worn on the body or uniform
of a person authorised by the State Government.’.
of section
137. ' (0 after clause (a), the following clause shall be inserted, namely:—
“(aa) providing for the standards of protective headgear and measures for
the safety of children below the age of four years riding under section 129;”;
(ii) after clause(b), the following clauses shall be inserted, namely;—
“(c) providing for limits of ui'ban city by the State Governments under
sub-section (1) of section 136A; and
(d) providing for electronic monitoring and enforcement under
sub-section (2) of section 136A.”.
Amendment 49.In section 138 ofthe principal Act, after sub-section (7), the following sub-section
of section
138,
“(]A)The State Government may,in the interest of road safety, make rules for'
the purposes of regulating the activities and access of non-mechanically propelled
vehicles and pedestrians to public places and national highways;
Provided that in the case of national highways, such rules shall be framed in
consultation with the National Highways Authority of India.”.
Omission of 50. Chapter X in the principal Act shall be omitted.
Chapter X.
Substitution.of 51. For Chapter XI of the principal Act, the following Chapter shall be substituted.
new Chapter namely;—
XI for
Chapter XI.
52
‘CHAPTER XI
Insurance of Motor Vehicles against third party risks
145.In this Chapter,— Definitions.
(a)“authorised insurer” means an insurer for the time being carrying on

general insurance business in India and granted a certificate of registration by
the Insurance Regulatory and Development Authority ofIndia established under
41 of 1999. section 3 ofthe Insurance Regulatory and Development Authority Act, 1999 and
any Government insurance fund authorised to do general insurance business
.S7 of 1972. under the General Insurance Business (Nationalisation) Act, 1972;
(b) “certificate of insurance” means a certificate issued by an authorised

insurer in pursuance of section 147 and includes a cover note complying with
such requirements as may be prescribed, and where more than one certificate
has been issued in connection with a policy, or where a copy of a certificate has
been issued, all those certificates or that copy, as the case may be;
(c)“grievous hurt” shall have the same meaning as assigned to it in section
45 of 1860. 320 of the Indian Penal Code; . .
(d)“hit and run motor accidenf’ means an accident arising out of the use
of a motor vehicle or motor vehicles the identity whereof cannot be ascertained
in spite of reasonable efforts for the purpose;
(e) “Insurance Regulatory and Development Authority” means the
Insurance Regulatory and Development Authority established under section 3
41 of 1999. of the Insurance Regulatory and Development Authority Act, 1999;
(f) “policy of insurance” includes certificate of insurance;
(g)“property” includes roads, bridges, culverts,' causeways, trees, posts,
milestones and baggage of passengers and goods carried in any motor vehicle;
(h) “reciprocating country” means any such country as may on the basis
ofreciprocity be notified by the Central Government in the Official Gazette to be
a reciprocating country for the purposes of this Act;
(i) “third party” includes the Government, the driver and any other
co-worker on a transport vehicle.
146.(/)No person .shall use, except as a passenger, or cause or allow:any other Necessity for
insurance
person to use, a motor vehicle in a public place, unless there is in force, in relation to
against third
the use of the vehicle by that person or that other person, as the case may be, a policy party risks.
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
6 of 1991. Insurance Act, 1991.
Explanation.—^For the purposes of this sub-section, a person driving a motor

vehicle merely as a paid employee, while there is in relation to the use ofthe vehicle no
such policy in force as is required by this sub-section, shall-not be deemed to act in
contravention of the sub-section unless he knows or has reason to believe that there
is no such policy in force.
(2) The provisions of sub-section (7) shall not apply to any vehicle owned by
toe Central Government or a State Government and used for purposes not connected
with any commercial enterprise.
(5) The appropriate Government may, by order, exempt from the operation of
sub-section (7), any vehicle owned by any of the following authorities, namely:—
53
(a) the Central Government or a State Government, if the vehicle is used

for purposes connected with any commercial enterprise;
(b) any local authority;
(c) any State Transport Undertaking;
Provided that no such order shall be made in relation to any such authority
unless a fund has been established and is maintained by that authority in such
manner as may be prescribed by appropriate Government.
Explanation.—For the purposes of this sub-section, “appropriate
Government” means the Central Government or a State Government,as the case
maybe,and—
(0 in relation to any Corporation or company owned by the Central

Government or any State Government, means the Central Government or
that State Government;
(it) in relation to any corporation or company owned by the Central

Government and one or more State Governnients, means the Central
Government;
(h'O in relation to any other State Transport Undertaking or any

local authority, means that Government which has control over that
undertaking or authority.
Requirement 147.(/) In order to comply with the requirements of this Chapter, a policy of
of policies and insurance must be a policy which—
limits of
liability. (rt) is issued by a person who is an authorised insurer; and
(i>) insures the person or classes of persons specified in the policy to the
extent specified in sub-section (2)—:
(0 against any liability which may be incurred by him in respect of
the death of or bodily injury to any person including owner of the goods
or his authorised representative carried in the motor vehicle or damage to
any property of a third party caused by or arising out of the use of the
motor vehicle in a public place;
(ii) against the death of or bodily injury to any passenger of a
transport vehicle,except gratuitous passengers of a goods vehicle, caused
by or arising out of the use of the motor vehicle in a public place.
Explanation.—^For the removal of doubts, it is hereby clarified that the
death of or bodily injui^ to any person or damage to any property of a third party
shall be deemed to have been caused by or to have arisen out of, the use of a
vehicle in a public place, notwithstanding that the person who is dead or injured
or the property which is damaged was not in a public place at the time of the
accident, if the act or omission which led to the accident occurred in a public
place.
(2) Notwithstanding anything contained under any other law for the time being
in force,for the purposes of third party insurance related to either death of a person or
grievous hurt to a person,the Central Government shall prescribe a base premium and
the liability of an insurer in relation to such premium for an insurance policy under
sub-section (7) in consultation with the Insurance Regulatory and Development
Authority.
(i)Apolicy shall be of no effect for the purposes ofthis Chapter unless and until
there is issued by the insurer in favour of the person by whom the policy is effected, a
certificate ofinsurance in the prescribed foim and containing the prescribed particulars
of any condition subject to which the policy is issued and of any other prescribed
54
matters; and different forms, particulars and matters may be prescribed in different
cases.
{4)Notwithstanding anything contained in this Act,a policy ofInsurance issued

before the commencement of the Motor Vehicles (Amendment) Act, 2019 shall be
continued on the existing terms under the contract and the provisions of this Act shall
apply as if this Act had not been amended by the said Act.
(5)Where a cover note issued by the insurer under the provisions ofthis Chapter
or the rules or regulations made thereunder is not followed by a policy of insurance
within the specified time,the insurer shall, within seven days of the expiry of the period
of the validity of the cover pote, notify the fact to the registering authority or to such
other authority as the State Government may prescribe.
(6) Notwithstanding anything contained in any other law for the time being in
force, an insurer issuing a policy of insurance under this section shall be liable to
indemnify the person or classes of persons specified in the policy in respect of any
liability which the policy purports to cover in the case of that person or those classes
of persons.
148. Where,in pursuance of an amangement between India and any reciprocating Validity of
country, the motor vehicle registered in the reciprocating country operates on any policies of
insurance
route or within any ai'ea common to the two countries and there is in force in relation to issued in
the use of the vehicle in the reciprocating countiy, a policy of insurance complying reciprocating
with the requirements ofthe law ofinsurance for the time being in force in that country, countries.
then, notwithstanding anything contained in section 147 but subject to any rules
which may be made under section 164B such policy of insurance shall be effective
throughout the route or area in respect of which the aiTangeriienthas been made, as if
the policy of insurance had complied with the requirements of this Chapter.
149.(7)The insurance company shall, upon receiving information ofthe accident, Settlement by
insurance
either from claimant or through accident information report or otherwise,designate an
company and
officer to settle the claims relating to such accident. procedure
therefor.
(2)An officer designated by the insurance company for processing the settlement
of claim of compensation may make an offer to the claimant for settlement before the
Claims Tribunal giving such details, within thirty days and after following such
procedure as may be prescribed by the Central Government,
(i)If, the claimant to whom the offer is made under sub-section(2),—
(a) accepts such offer,—

(i) the Claims Tribunal shall make a record of such settlement, and
such claim shall be deemed to be settled by consent; and
(ii) the payment shall be made by the insurance company within a

, maximum period of thirty days from the date of receipt of such record of
settlement;
(b)rejects such offer, a date ofhearing shall be fixed by the Claims Tribunal
to adjudicate such claim on merits.
150.(7)If, after a certificate of insurance has been issued under sub-section (5) Duty of
of section 147 in favour of the person by whom a policy has been effected,judgment insurers to
satisfy
or award in respect of any such liability as is required to be covered by a policy under judgments and
clause(b)ofsub-section(7)of section 147(being a liability covered by the terms of the awards against
policy) or under the provisions of section 164 is obtained against any person insured persons
by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel insured in
respect of
or may have avoided or cancelled the policy,the insurer shall,subject to the provisions third party
of this section, pay to the person entitled to the benefit of the award any sum not risks.
55
'll THE GAZETTE OFINDIA EXTRAORDINARY [PartII—
exceeding the sum assured payable thereunder, as if that person were the decree
holder, in respect of the liability, together with any amount payable in respect of costs
and any sum payable in respect of interest on that sum by virtue of any enactment
relating to interest on judgments.
(2)No sum shall be payable by an insurer under sub-section(7)in respect of any
Judgment or award unless, before the commencement of the proceedings in which the
judgment or award is given the insurer had notice through,the court or,as the case may
be, the Claims Tribunal of the bringing of the proceedings, or in respect of such
judgment or award so long as its execution is stayed pending an appeal; and an insurer
to whom notice of the bringing of any such proceedings is so given shall be entitled to
be made a party thereto, and to defend the action on any of the following grounds,
namely:—
{a) that there has been a breach of a specified condition of the policy,
being one of the following conditions, namely:—
(/) a condition excluding the use of the vehicle—
(A)for hire or reward, where the vehicle is on the date of the

contract of insurance a vehicle not covered,by a permit to ply for
hire or rewai'd; or
(B)for organised racing and speed testing; of

(Q for a purpose not allowed by the permit under which the
vehicle is used, where the vehicle is a transport vehicle; or
(D) without side-car being attached where the vehicle is a
. two-wheeled vehicle; or
(ii) a condition excluding driving by a named person or by any

person who is not duly licenced or by any person who has been disqualified
for holding or obtaining a driving licence during the period of
disqualification or driving under the influence of alcohol or drugs as laid
down in section 185; or
(iU) a condition excluding liability for injury caused or contributed

to by conditions of war,civil war,riot or civil commotion;or
(b) that the policy, is void on the ground that it was obtained by
nondisclosure of any material fact or by representation of any fact'vvhich was
false in some material particular; or
(c)that there is non-receipt of premium as requhed under section 64VB of
the Insurance Act, 1938. 4 of 1938.
(5) Where any such judgment or award as is referred to in sub-section (/) is

obtained from a court in a reciprocating country and in the case of a foreign judgment
is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 5 of 1908.
conclusive as to any matter adjudicated upon by it, the insurer (being an insurer
registered under the Insurance Act, 1938 and whether or not that person is registered 4 of 1938.
under the corresponding law of the reciprocating country)shall be liable to the person
entitled to the benefit of the decree itl the manner and to the extent specified in
sub-section(/), as if thejudgment or award were given by a court in India:
Provided that no sum shall be payable by the insurer in respect of any such
judgment or award unless, before the commencement of the proceedings in which the
judgment or award is given, the insurer had notice thiough the court concerned of the
bringing of the proceedings and the insurer to whom notice is so given is entitled under
the corresponding law ofthe reciprocating country,to be made a party to the proceedings
and to defend the action on grounds siinilar to those specified in sub-section (2).
56
Sec. 1] THE GAZETTE OF INDIAEXTRAORDINARY 23
(4) Where a certificate of insurance has been issued under sub-section (3) of
section 147 to the person by whom a policy has been effected, so much of the policy
as purports to resttict the insurance of the persons insured thereby, by reference to
any condition other than those in sub-section (2) shall, as respects such liabilities
as are required to be covered by a policy under clause (b) of sub-section (/) of
section 147, be of no effect.
(5)No insurer to whom the notice referred to in sub-section(2)or sub-section(3)

has been given shall be entitled to avoid his liability to any person entitled to the
benefit of any such judgment or award as is refeired to in sub-section (7) or in such
judgment as is referred to in sub-section(3)otherwise than in the manner provided for
in sub-section(2)or in the corresponding law of the reciprocating country, as the case
may be. -
(6)If on the date offiling of any claim,the claimant is not aware of the insurance
company with which the vehicle had been insured, it shall be the duty of the owner of
the vehicle to furnish to the tribunal or court the information as to whether the vehicle
had been insured on the date of the accident, and if so, the name of the insurance
company with which it is insured.
Explanation.—^For the purposes of this section,—
(a) “award” means an award made by the Claims Tribunal under
section 168;
{b) “Claims Tribunal” means a Claims Tribunal constituted under

section 165;
(c)“liability covered by the ternis ofthe policy” means the liability which
is covered by the policy or which would be so covered but for the fact that the
insurer is entitled to avoid or cancel or has avoided or cancelled the policy; and
{d)“material facf’ and “material particular” mean,respectively, a fact or
particular of such a nature as^ to influence the judgment of a prudent insurer in
determining whether he shall take the risk and, if so, at what premium and on
what conditions.
151.(7) Where under any contract of insurance affected in accordance with the Rights of third
provisions of this Chapter, a person is insured against liabilities which he may incur to party against
insurers on
third party, then— insolvency of
insiued.
(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 chai'ge,
if, either before or after that event, any such liability is incuned 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.
57
24 THE GAZETTE OF INDIA EXTRAORDINARY [PartII—
notwithstanding anything to the contrary in any provision of law, be transfen-ed 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 policys 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 (7) 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 (7)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
X (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 fights of the third party against the insured person in respect of the
balance amount.
Duty to give 152.(7) No person against whom a claim is made in respect of any liability
information as
refeiTed to in clause ib} of sub-section (7) of section 147 shall, on demand by or on
to insurance.
behalf ofthe person making the claim,refuse to state whether dr not he was insured in
respect of that liability by any policy issued under the provisions of this Chapter, or
, would have been so insured if the insurer had not avoided or cancelled the policy, nor
shall he refuse, if he was or would have been so insured, to give such particulars with
respect to that policy as were specified in the certificate of insurance issued in respect
thereof.
(2) In the event of any person becoming insolvent or making an arrangement

with his creditors or in the event of an order being made for the administration of the
estate of a deceased person accordinig to the law of insolvency, or in the event of a
winding-up order being made or a resolution for a voluntary winding-up being passed
with respect to any company or of a receiver or manager of the company’s business or
undertaking being duly appointed dr of possession being taken by or on behalf of the
holders of any debentures secured by a floating charge on any property comprised in
or subject to the charge, it shall be the duty of the insolvent debtor, personal
representative of the deceased debtor or company, as the case may be, or the official
assignee or receiver in insolvency,trustee,liquidator,receiver or manager,or person in
possession of the property to give, on the request of any person claiming that the
, insolvent.debtor, deceased debtor or company is under such liability to him as is
covered by the provision of this Chapter, such infoijnation as may reasonably be
required by him for the purpose of ascertaining whether any rights have been rtansfeiTed
to and vested in him by section 151 and for the purpose of enforcing such rights, if any,
and any such contract of insurance as purports whether directly or indirectly to avoid
the contract or to alter the rights of the parties thereunder upon the giving of such
inforaiation in the events aforesaid, or otherwise to prohibit or prevent the giving
thereof in the said events, shall be of no effect,
(i)If, from the information given to any person in pursuance of sub-section(2)

or otherwise, he has reasonable ground for supporting that there have or may have
been transferred to him under this Chapter rights against any particular insurer, that
insurer shall be subject to the same duty as is imposed by the said sub-section on the
persons therein mentioned. -
/
58
{4)The duty to give the information imposed by this section shall include a duty
to allow all contracts ofinsurance,receipts for premiums,and other relevant documents
in the possession or power of the person on whom the duty is so imposed to be
inspected and copies thereof to be taken.
153.(7)No settlement made by an insmer in respect of any claim which might be Settlement
between
made by a third party in respect of any liability ofthe nature referred to in clause {b)of
insurers and
sub-section (7) of section 147 shall be valid unless such third party is a party to the insured
settlement. ^ persons.
(2)The Claims Tribunal shall ensure that the settlement is bonafide and was not.
made under undue influence and the compensation is made in accordance with the
payment schedule referred to in sub-section (7)of section 164.
(3) Where a person who is insured under a policy issued for the purpose of this
Chapter has become insolvent, or where, if such insured person is a company, a
winding-up order has been made or a resolution for a voluntary winding-up has been
passed with respect to the company, no agreement made between the insurer and the
insured person after the liability has been incurred to a third party and after the
commencement of the insolvency or winding-up, as the case may be, nor any waiver,
assignment or other disposition made by or payment made to the insured person after
the commencement aforesaid, shall be effective to defeat the rights transfeixed to the
third party under this Chapter; but those rights shall be the same as if no such agreement,
waiver, assignment or disposition or payment has been made.
154.(/)For the puiposes of sections 151,152 and 153,a reference to “liabilities Saving in
to third parties” in relation to a person insured under any policy of insurance shall not respect of
sections 151,
include a reference to any liability of that person in the capacity of insurer under some 152 and 153.
other policy of insurance.
(2)The provisions ofsections 151,152 and 153 shall not apply where a company
is wound-up voluntarily merely for the purposes ofreconstruction or ofan amalgamation
with another company.
155. Notwithstanding anything contained in section 306 ofthe Indian Succession Effect of
death on
39 of 1925. Act, 1925, the death of a person in whose favour a certificate of insurance had been
certain causes
issued, if it occurs after the happening of an event which has given rise to a claim of action.
under the provisions of this Chapter, shall not be a bar to the survival of any cause of
action arising out of such event against his estate or against the insui'er.
156. When an insurer has issued a certificate ofinsurance in respect of a contract Effect of
certificate of
of insurance between the insurer and the insured person, then—
insurance.
(a) if and so long as the policy described in the certificate has not been
issued by the insurer to the insured, the insurer shall, as between himself and
any other person except the insured, be.deemed to have issued to the insui-ed
person a policy of insurance conforming in all respects with the description and
particulars stated in such certificate; and
(b) if the insurer has issued to the insured the policy described in the
certificate, but the actual terms of the policy are less favourable to persons
claiming under or by virtue of the policy against the insurer either directly or
through the insured than the paificulars of the policy as stated in the certificate,
the policy shall, as between the insurer and any other person except the insured,
be deemed to be in terms conforming in all respects with the particulars stated in
the said certificate.
157.(7) Where a person, in whose favour the certificate of insurance has been Transfer of
certificate of
issued in accordance with the provisions of this Chapter, transfers to another person
insurance.
the ownership of the motor vehicle in respect of which such insurance was taken
59
26 THE GAZETTE OFINDIA EXTRAORDINAKY [PartII—
together with the policy of insurance relating thereto, the certificate of insurance and
the policy described in the certificate,shall be deemed to have been transfeixed in
favour of the person to whom the motor veh icle is ttansferred with effect from the date
of its transfer.
Explanation.—For the removal of doubts,it is hereby clarified that such deemed

transfer shall include transfer ofrights and liabilities of the said certificate of insurance '
and policy of insurance.
(2) The transferee shall apply within fourteen days from the date of transfer in
the prescribed form to the insurer for making necessary changes in regard to the fact of
, transfer in the certificate of insui ance and the policy described in the certificate in his
favour, and the insurer shall make the necessary changes in the certificate and the
policy of insurance in regard to the transfer of insurance.
Production of 158.(7) Any person driving a motor vehicle in any public place shall, on being
certain
so required by a police officer in uniform authorised in this behalf by the State
certificates,
licence and
Government,produce—
permit in
(a) the certificate of insurance;
certain cases.
{b)the certificate of registration;

(c) the pollution under control certificate;
ict) the diiving licence;
(e)in the case of a transport vehicle, also the certificate of fitness referred
to in section 56, and the permit; and
(/) any certificate or authorisation of exemption that has been granted
under this Act,
relating to the use of the vehicle. •
(2)Where,owing to the presence ofa motor vehicle in a public place, an accident

occurs involving death or bodily injury,to another person, if the driver of the vehicle
does not at that time produce the required certificate, driving licence and permitreferred
to in sub-section(7)to a police officer, he or the owner shall produce the said certificates,
licence and permit atthe police station at which the driver makes the report required by
section 134.
(5)No person shall be liable to conviction for offences under sub-section (7)or
sub-section (2) by reason of the failure to produce the required certificate if, within
seven days from the date on which its production was required under sub-section (7),
or as the case may be, from the date of occurrence of the accident, he produces the
certificate at such police station as may have been specified by him to the police officer
who required its production or, as the case may be,to the police officer at the site ofthe
accident or to the officer-in-charge of the police station at which he reported the
accident:
Provided that except to such extent and with such modifications as may be
prescribed,the provisions ofthis sub-section shall not apply to the driver of a transport
vehicle.
(4) The owner of a motor vehicle shall give such information as he may be
required by or on behalf of a police officer empowered in this behalf by the State
Government for the purpose of deteiTnining whether the vehicle was or was not being
driven in contravention of section 146 and on any occasion when the driver was
required under this section to produce the certificate of insurance.
(5) In this section, the expression “produce the certificate of insurance” means
production for examination the relevant certificate of insurance or such other evidence
60
as may be prescribed to prove that the vehicle was not being driven in contravention
of section 146.
159. The police officer shall, during the investigation, prepare an accident Information
information report to facilitate the settlement ofclaim in such foim and manner, within to be given
regarding
three months and containing such particulars and submit the same to the Claims accident.
Tribunal and such other agency as may be prescribed.
160. Aregistering authority or the officer-in-charge ofa police station shall,ifso Duty to
furnish
required by a person who alleges that he is entitled to claim compensation in respect of
particulars of
an accident arising out of the use of a motor vehicle, or if so required by an insurer vehicle
against whom a claim has been made in respect of any motor vehicle, tonish to that involved in
person or to that insurer, as the case may be, on payment of the prescribed fee, any accident.
information at the disposal ofthe 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
Cenfral Government may prescribe.
161.(7)Notwithstanding anything contained in any other law for the time being Special
in force or any instrument having the force oflaw,the Central Government shall provide provisions as
to
for paying in accordance with the provisions of this Act and the scheme made under compensation
sub-section (i), compensation in respect of the death of, or grievous hurt to, persons in case of hit
resulting from hit and run motor accidents. and run motor
accident.
(2) Subject to the provisions of this Act and the scheme made under
sub-section (5), there shall be paid as compensation,—
(a)in respect ofthe 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. ■
(J)The Central Government may,by notification in the Official Gazette, make a
scheme specifying the manner in which the scheme shall be administered by the
Centra] Government or General Insurance Council, the form, maimer and the time
within which applications for compensation may be made,the officers or authorities to
whom such applications may be made, the procedure to be followed by such officers
or authorities for considering and passing orders on such applications, and all other
matters coimected with, or incidental to, the administration of the scheme and the
payment of compensation under this section.
(4)A scheme made under sub-section (3) may provide that,—
. 1.
(a)a payment ofsuch sum as may be prescribed by the Central Government

as interim relief to any claimant under such scheme;
(b) a confravention of any provision thereof shall be punishable with
imprisonment which may extend to two yeai's,or with fine which shall not be less
than twenty-five thousand rupees but may extend to five lakh rupees or with
both;
(c)the powers,functions or duties conferred or imposed on any officer or

authority by such scheme may be delegated with the prior approval in writing of
Central Government,by such officer or.authority to any other officer or authority.
162.(7)Notwithstanding anything contained in the General Insurance Companies Scheme for
57 of 1972. (Nationalisation)Act, 1972 or any other law for the time being in force or any insfrument golden hour.
having the force of law,the instuance companies for the time being carrying on general
61
insurance business in India shall provide in accordance with the provisions of this Act
and the schemes made under this Act for h-eatment of road accident victims,including
during the golden hour.
(2)The Central Government shall make a scheme for the cashless treatment.of
victims ofthe accident during the golden hour and such scheme may contain provisions
for creation of a fund for such treatment.
Refund in certain 163.(/) The payment of compensation in respect of the death of, or grievous
cases
hurt to, any person under section 161 shall be subject to the condition that if any
of compensation
paid under compensation (hereafter in this sub-section referred to as the other compensation) or
section 161. other amount in lieu ofor by way ofsatisfaction of a claim for compensation is awarded
or paid in respect of such death or grievous hurt under any other provision of this Act
or any other law for the time being in force or otherwise, so much of the other
compensation or other amount aforesaid as is equal to the compensation paid under
section 161, shall be refunded to the insurer.
(2)Before awarding compensation in respect of an accident involving the death

of, or bodily injury to, any person arising out of the use of a motor vehicle under any
provision of this Act other than section 161 or any other law for the time being in force,
the Claims Tribunal, court or other authority awarding such compensation shall verify
as to whether in respect of such death or bodily injury compensation has already been
paid under section 161 or an application for payment of compensation is pending
under that section, and such Tribunal, court or other authority shall—
{a) if compensation has already been paid under section 161, direct the
person liable to pay the compensation awarded by it to refund to the insurer, so
much thereof as is required to be refunded in accordance with the provisions of
sub-section (7); ,
{b) if an application for payment of compensation is pending under
section 161 forward the particulars as to the compensation awarded by it to the insurer.
Explanation.—For the purpose of this sub-section, an application for
compensation under section 161 shall be deemed to be pending—
(0 if such application has been rejected, till the date ofthe rejection
of the application; and
(»■) in any other case, till the date of payment of compensation in
pursuance of the application.
Payment of 164. (7) Notwithstanding anything contained in this Act or in any other law for
compensation the time being in force or instrument having the force of law, the owner of the motor
in case of
death or
vehicle or the authorised insurer shall be liable to pay in the case of death or grievous
grevious hurt, hurt due to any accident arising out of the use of motor vehicle, a compensation, of a
' etc. 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 (7), 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.
(J) 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.
Scheme for 164A. (7) The Cenbal Government, may make schemes for the provision of
interim relief interim relief to claimants praying for compensation under this Chapter.
for claimants.
62
SfA 1] THE GAZETTE OFINDIAEXTRAORDINARY 29
(2) A scheme made under sub-section (7) shall also provide for procedure to
recover funds disbursed under such scheme from the owner of the motor vehicle,
where the claim arises out of the use of such motor vehicle or other sources as may be
prescribed by the Central Government.
164B. (7)The Central Government shall constitute aFund to be called the Motor Motor Vehicle
Accident
Vehicle Accident Fund and thereto shall be credited—
Fund.
(a)payment ofa nature notified and approved by the Central Government;

{b) any grant or loan made to the Fund by the Central Govermnent;
(c) the balance of the Fund created under scheme framed under
section 163, as it stood immediately before the commencement of the Motor
Vehicles(Amendtnent)Act,2019; and
(r/) any other source of income as may be prescribed by the Central

Government.
(2) The Fund shall be constituted for the purpose of providing compulsory '
insurance cover to all road users in the tenritory of India.
(J)The Fund shall be utilised for the following, namely;—

(a)treatment of the persons injured in road accidents in accordance with
the scheme framed by the Central Government under section 162;
{b) compensation to representatives of a person who died in hit and run
motor accident in accordance with schemes framed under section 161;
(c)compensation to a person grievously hurt in a hit and run motor accident

in accordance with schemes framed under section 161; and
{(I) compensation to such persons as may be prescribed by the Central

Government. . •
(4)The maximum liability amount that shall be paid in each case shall be such as
may be prescribed by the Central Government.
(5)In all cases specified in clause(a)of sub-section (3), when the claim of such
person becomes payable, where amount has been paid out of this Fund to any person,
the same amount shall be deductible from the claim received by such person from the
insurance company.
(6) The Fund shall be managed by such authority or agency as the Central
Government may specify having regard to the following:—
(rt) knowledge of insurance business of the agency;
{b) capability of the agency to manage funds; and
(c)any other criteria as may be prescribed by the Central Government.
(7) The Central Government shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts of the Fund in such form as may
be prescribed by the Central Government in consultation with the Comptroller and
Auditor-General ofIndia. . \
(S) The accounts of the Fund shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him.
(.9) The Comptroller and Auditor-General of India or any person appointed by
him in connection with the audit of the accounts of the Fund under this Act shall have
the same rights, privileges and authority in connection with such audit of the
Government accounts and,in particular, shall have the right to demand the production
63
30 THE GAZETTE OFINDIAEXTRAORDINAKY [PartII—
of books, accounts, connected vouchers and other documents and papers and to
inspect any of the offices of the Authority.
(70) The accounts of the Fund, as certified by the Comptroller and Auditor-
General ofIndia or any other person appointed by him in this behalf,together with the
audit report thereon, shall be forwarded annually to the Central Government and the
Central Govejrnment shall cause the same to be laid before each House ofthe Parliament.
(//) Any scheme framed under sub-section (i) of section 161, as it stood
immediately before the commencement ofthe Motor Vehicles(Amendment)Act,2019,
shall be discontinued and all rights and liabilities accruing thereunder shall be met out
of the Fund with effect from the date of commencement of this Act.
Power of 164C.(7)The Central Government may make rules for the purposes of carrying
Central into effect, the provisions of this Chapter.
Government
to make roles, (2) Without prejudice to the generality of the foregoing power, such rules may
provide for—
(a),the forms to be used for the purposes Of this Chapter including,—
(j)the foim ofthe insurance policy and the paiticulars it shall contain
'as refen:ed to in sub-section (5)of section 147;
(//) the form for making changes in regard to the fact of transfer in
the certificate of insurance under sub-section (2)of section 157;
(Hi) the form in which the accident information report may be

prepared, the particulars it shall contain, the manner and the time for
submitting the report to the Claims Tribunal and the other agency under
section 159; ,
(iv)the form for furnishing information under section 160; and

(v) the form of the annual statement of accounts for the Motor
Vehicle Accident Fund under sub-section (7)of section 164B;
(b)the making of applications for and the issue of certificates of insurance;

(c)the issue of duplicates to replace certificates ofinsurance lost,destroyed
or mutilated;
(d) the custody, production, cancellation and surrender of certificates of

insurance;
(e)the records to be maintained by insurers of policies ofinsurance issued

under this Chapter;
(J) the identification by certificates or otherwise of persons or vehicles
exempted from the provisions of this Chapter;
(g) the furnishing of information respecting policies of insurance by
insurers;
(h) adopting the provisions of this Chapter to vehicles brought into India
by persons making only a temporary stay therein or to vehicles registered in a .
reciprocating country and operating on any route or within any area in India by
applying those provisions with prescribed modifications;
(0 the requirements which a certificate of insurance is required to comply
with as referred to in clause(h)of section 145;
Q)administration of the Fund established under sub-section(3)of section

146;
64
Sec. 1] THE GAZETTE.OFINDIA EXTRAORDINARY 31
(k)the minirnum premium and the maximum liability of an insurer under

sub-section (2) of section 147;
(/) the conditions subject to which an insurance policy shall be issued and
other matters related thereto as refeiTed to in sub-section (3) of section 147;
(/n) the details of settlement, the time limit for such settlement and the
procedure thereof under sub-section (2) of section 149;
(n) the extent of exemptions and the modifications under the proviso to
(o) the other evidence under sub-section (5)of section 158; ^

(p)such other agency to which the accident information report as referred
to in section 159 may be submitted;
(q)the time limit and fee for furnishing information under section 160;
(r)the higher amount ofcompensation in respect of death under clause(a)
of sub-section (2)of section 161;
(s) a sum to be paid as interim relief as referred to in clause (a) of
it) the procedure for payment of compensation under sub-section (1) of

section 164;
(u)such other sources from which funds may be recovered for the scheme
as refeiTed to in sub-section (2)of section 164A;
(v)any other source ofincome that may be credited info the Motor Vehicle
Accident Fund under sub-section (7) of section 164B;
(wj the persons to whom compensation may be paid under clause (d) of
sub-section (3) of section 164B;
(x)the maximum liability amount under sub-section(4)ofsection 164B;

(y) the other criteria under clause(c)of sub-section (d)ofsection 164B;
(e) any other matter which is to be, or may be, prescribed or in respect of
which provision is to, be made by rules.
164D.(7) The State Government may make rules for the purposes of carrying Power of State
into effect, the provisions of this Chapter other than the matters specified in Government
to make rules.
section 164C.
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for—
(a)the other authority under sub-section (5)of section 147; and
(b)any other matter vvhich is to be,or may be, prescribed, or in respect of
which provision is to be made by rules.”. ^
52. In section 165 of the principal Act, in the Explanation, for the words, figures and Amendment
letter "section 140 and section 163A",the word and figures “section 164” shall be substituted. of section
165.
53.In section 166 of the principal Act^— Amendment

of section
(0 in sub-section (7), after the proviso, the following proviso shall be inserted. 166.
namely;—
“Provided further that where a person accepts compensation under
section 164 in accordance with the procedure provided under section 149, his
claims petition before the Claims Tribunal shall lapse.”.
65
32 TOE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(if) in sub-section (2), the proviso shall be omitted;

(iii) after sub-section (2), the following sub-section shall be inserted, namely;— ,
(3) No application for compensation shall be entertained unless it is'
a
made within six months of the'occun-ence of the accident.”,

(iv) in sub-section (4), for the words, brackets and figures "sub-section (6) of
section 158", the word and figures "section 159" shall be substituted;
(v) after sub-section (4), the following sub-section shall be inserted, namely:—
&«
(5) Notwithstanding anything in this Act or any other law for the time
being in force, the right of a person to claim compensation for injury in an
accident shall, upon the death of the person injured, survive to his legal
representatives, irrespective of whether the cause of death is relatable to or had
any nexus with the injury or not.”.
Amendment 54. In section 168 of the principal Act,,in sub-section (/),—
of section
168. (0 for the word and figures “section 162’N the word and figures “section 163
(i'O the proviso shall be omitted.

Amendment 55.In section 169 of the principal Act, after sub-section (J), the follovving sub-section
of section
169.
a
(4)For the purpose of enforcement of its award,the Claims Tribunal shall also ^
have all the powers of a Civil Court in the execution of a decree under the Code ofCivil
Procedure, 1908, as if the award were a decree for the payment of money passed by 5 of 1908.
such court in a civil .suit.”.
Amendment 56.In section 170 ofthe principal Act,for the word and figures “section 149” the word
of section and figures “section J50” shall be substituted. ■
170.
Amendment 57.In section 173 of the principal Act,in sub-section(2),for the words “ten thousand”,
of section the words “one lakh” shall be substituted.
173,
Amendment 58.In section 177 of the principal Act,for the words “one hundred rupees” and “three
of section
hundred rupees”, the words “five hundred rupees” and “one thousand and five hundred
177.
rupees” shall respectively he substituted.
\
Insertion of - 59. After section 177 of the principal Act, the following section shall be inserted,
section 177A.
namely:—
Penalty for 177A. Whoever contravenes the regulations made under section 118, shall be
contravention
punishable with fine which shall not be less than five hundred rupees, but may extend
of regulations
under section
to one thousand rupees.”.
118.
Amendment 60. In section 178 of the principal Act, in sub-section (3), in clause (b),for the words
of section two hundred rupees”, the words “five hundred rupees” shall be substituted.
178,

of section
179. (0 in sub-section (7), for the words "five hundred rupees", the words “two
thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words "five hundi'ed rupees", the words “two
thousand rupees” shall be substituted.
66
Sec. 1] THE GAZETTE OFINDIA EXTRAORDINARY 3,3
62.In section 180 ofthe principal Act,for the words "which may extend to one thousand Amendment
of section
rupees", the words “of five thousand rupees” shall be substituted. 180.
63.In section 181 of the principal Act,for the words "which may extend to five hunched Amendment
of section
rupees", the words “of five thousand rupees” shall be substituted.
181.

of section
(i) in sub-section (7),for the words "which may extend to five hunch'ed rupees", 182.
the words “of ten thousand rupees” shall be substituted;
(ii) in sUb-section (2), for the words "one hundred rupees", the words
ii
ten thousand rupees” shall be substituted.
65. For section 182A of the principal Act, the following sections shall be substituted. Substitution of
new section
namely:—
for section
182A,
“182A.(7)Whoever,being a manufacturer,importer or dealer of motor vehicles, Punishment

for offences
sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in
relating to
contravention of,the provisions of Chapter VII or the rules and regulations made construction,
,thereunder,shall be punishable with imprisonment for a term which may extend to one maintenance,
year, or with fine of one lakh rupees per such motor vehicle or with both: sale and
alteration of
Provided that no person shall be convicted under this section if he proves that, motor
at the time of sale or delivery or alteration or offer of sale or delivery or alteration of vehicles and
components.
siich motor vehicle, he had disclosed to the other party the manner in which such
motor vehicle was in contravention of the provisions Of Chapter VII or the rules and
regulations made thereunder. .
(2) Whoever, being a manufacturer of motor vehicles, fails to comply with the
provisions of Chapter VII or the rules and regulations made thereunder, shall be
punishable with irnprisomnent for a term which may extend to one year or with fine
which may extend to one hundred crore rupees or with both.
(3) Whoever, sells or offers to sell, or pennits the sale of any component of a
motor vehicle which has been notified as a critical safety component by the Central
Government and which does not comply with Chapter VII or the rules and regulations
made thereunder shall be punishable with imprisonment for a term which may extend to
one yeai‘ or with fine of one lakh rupees per such component or with both.
(4)Whoever,being the owner ofa motor vehicle, alters a motor vehicle,including
by way of retiofitting of motor vehicle parts, in a manner not permitted under the Act
or the rules and regulations made thereunder shall be punishable with imprisonment
for a term which may.extend to six months, or with fine of five thousand rupees per
such alteration or with both.
182B.Whoever contravenes the provisions of section 62A, shall be punishable Punishment

for
with fine which shall not be less than five thousand rupees, but may extend to ten
contravention
thousand rupees.”. of section
62A.

of section
(i) in sub-section (7),— 183.
(a) after the words “Whoever drives”, the words “or causes any person
who is employed by him or subjects someone under his conttol to drive” shall be
inserted;
(b) for the words "with fine which extend to four hundred rupees, or, if
having been previously convicted of an offence under this sub-section is again
67
convicted of an offence under this sub-section, with fine which may extend to
one thousand rupees", the following shall be substituted, namely:—
“in the following manner,namely:—
^ (0 where such motor vehicle is a light motor vehicle with fine
which shall not be less than one thousand rupees but may extend to
two thousand rupees;
{ii) where such motor vehicle is a medium goods vehicle or a

medium passenger vehicle or a heavy goods vehicle or a heavy
passenger vehicle with fine which shall not be less than two
thousand rupees, but may extend to four thousand rupees; and
{Hi) for the second or any subsequent offence under this
sub-section the driving licence of such driver shall be impounded
as per the provisions of the sub-section (4) of section 206.”.
(ii) sub-section (2) shall be omitted.
(Hi) in sub-section (3), after the word "mechanical", the words "or electronic"
shall be inserted.
(iv) in sub-section (4), for the word, brackets and figure “sub-section (2)”, the
word, brackets and figure “sub-section (7)” shall be substituted.
of section
184. (i) after the words “dangerous to the public”, the words “or which causes a
I sense of alarm or distress to the occupants of the vehicle, other road users, and
persons near roads,” shall be inserted;
(ii)for the words “which may extend to six months or with fine which may extend
to one thousand rupees”, the words “which may extend to one year but shall not be
less than six months or with fine which shall not be less than one thousand rupees but
may extend to five thousand rupees, or with both” shall be substituted;
(Hi) for the words “which may extend to two thousand rupees”, the words
“of ten thousand rupees” shall be substituted;
(iv) the following Explanation shall be inserted, namely:—
“Explanation.—For the purpose of this section,—•
, (a)jumping a red light;
(b) violating a stop sign;
(c) use of handheld communications devices while driving;
(cl) passing or overtaking other vehicles in a maimer contrary to law;
(e) driving against the authorised flow of traffic; or
(f)driving in any manner that falls far below what would be expected.
of a competent and careful driver and where it would be obvious to a
competent and careful driver that driving in that manner would be
dangerous,
shall amount to driving in such manner which is dangerous to the public.”.
of section
185. .(/) in clause (a), after the words “breath analyser,”, the words “or in any other
test including a laboratoi^ test,” shall be inserted;
68
(//) for;the words “which may extend to two thousand rupees”, the words
“of ten thousand rupees” shall be substituted;
(Hi)the words“ifcommitted within three years ofthe commission ofthe previous
similar offence,” shall be omitted;
(iv) for the words “which may extend to three thousand rupees”, the words
“of fifteen thousand rupees” shall be substituted;
(v)for the Explanation, the following Explanation shall be substituted,namely:-
'Explanation.—Vox the purposes of this section, the expression “drug” ^
means any intoxicant other than alcohol, natural or synthetic, or any natural
material or any salt, or preparation of such substance or material as may be
notified by the Central Government under this Act and includes a narcotic drug
and psychotropic substance as defined in clause (xiv) and clause (xxiii) of
61 of 1985. section 2 of the Narcotic Dmgs and Psychotropic Substances Act, 1985.'.
69.In section 186 in the principal Act, for the words “two hundred rupees”, and “five Amendment
hundred rupees”, the words “one thousand rupees” and “two thousand rupees” shall section
respectively be substituted.
.of section
(t) for the brackets and letter “(c)” the brackets and letter “(a)” shall be 187.
, substituted;
(ii) for the words "three months", the words "six months" shall be substituted;
■(Hi) for the words “which may extend to five hundred rupees’^ the words
“of five thousand rupees” shall be substituted;
(iv) for the words "six months", the words "one year" shall be substituted; and
(v) for the words “which may extend to one thousand rupees”, the words “of ten
thousand rupees” shall be substituted.
of section
(i) for the words “one month”, the words “three hionths” shall be substituted; 189.
(ii) for the words “which may extend to five hundred rupees”, the words “of five
thousand rupees” shall be substituted;
(Hi) after the words "with.both", the words, "and for a subsequent offence shall
be punishable with imprisomnent for a term which may extend to one year, or with fine
of ten thousand rupees; or with both." shall be inserted..
of section
,(/) in sub-section (i),— 190. :
(a) for the words “which may extend to two hundred and fi fty rupees”, the
words “of one thousand five hundred rupees” shall be substituted;
(b) for the words “which may extend to one thousand rupees”, the words
“of five thousand rupees” shall be substituted; and
(c) after the words "with both", the words “and for a subsequent offence
shall bepuni.shable with imprisonment for a term which may extend to six months,
or with a fine of ten thousand rupees for bodily injury or damage to property”
shall be Inserted.

(a) for the words “a fine of one thousand mpees”, the words “imprisonment
for a term which may extend to three months, or with fine which may extend to
69
36 THE GAZETTE OF INDIA EXTRAORDINAKY [Part II—
ten thousand rupees or with both and he shall be disqualified for holding licence
for a period of three months” shall be substituted; and
(b)for the words “a fine oftwo thousand rupees”,the words “imprisonment
for a term which may extend to six months,or with fine which may extend to ten
thousand rupees or with both” shall be substituted;
(Hi) in sub-section (5),—
(a)for the words “which may extend to three thousand rupees”,the words
“with, a fine of ten thousand rupees and he shall be disqualified for holding
licence for a period of three months” shall be substituted; and
(b)for the words “which may extend to five thousand rupees”, the words
“of twenty thousand rupees” shall be substituted.
Omission of 73.Section 19lof the principal Act shall be omitted.
section 191.
Amendment 74.Jn section 192 of the principal Act, the following Explanation shall be inserted.
of section namely:-
192.
“Explanation.—Use of a motor vehicle in contravention of the provisions of.
section 56 shall be deemed to be a contravention of the provisions of section 39 and
shall be punishable in the same manner as provided in sub-section (7).”.
Amendment 75.In section 192A of the principal Act,in sub-section (7),—
of section
192A. (j) after the words “for the first offence with”, the words “imprisonment for a
term which may extend to six months and” shall be inserted;
./
(;7) for the words “which may extend to five thousand rupees but shall not be
less than two thousand rupees”, the words “of ten thousand rupees” shall be
substituted; ,
(in)for the words “three months”, the words “she months” shall be substituted;
(iv) for the words “which may extend to ten thousand rupees but shall not be
less than five thousand rupees”, the words “of ten thousand rupees” shall be
substituted.
Insertion of 76. After section 192A of the principal Act, the following section shall be inserted.
new section' namely:—^
192B.
Offences ‘T92B. (7) Whoever, being the owner of a motor vehicle, fails to make an
relating to application for registration of such motor vehicle under sub-section (7)of section 41
registration.
shall be punishable with fine of five times the annual road tax or one-third of the
lifetime tax of the motor vehicle whichever is higher.
(2)Whoever, being a dealer,fails to make an application for the registration of a
. new motor vehicle under the second proviso to sub-section (7) of section 41 shall be
punishable with fine offifteen times the annual road tax or the 1ifetime tax ofthe motor ■'
vehicle whichever is higher.
(J) Whoever, being the owner of a motor vehicle, obtains a certificate of
fegistmtion for such vehicle on the basis of documents which were, or by representation
of facts which was, false in any material particular, or the engine number or the chassis
number embossed thereon are different from such number entered in the certificate of
registration shall be punishable with imprisonment for a term which shall not be less
than six months but may extend to one year and with fine equal to ten times the amount
of the aimual road tax or two-third the lifetime tax of the motor vehicle, whichever is
higher.
70
{4)Whoever, being a dealer, obtains a certificate of registration for such vehicle

on the basis of documents which were, or by representation of facts which was,false
in any material particular, or the engine number or the chassis number embossed
thereon are differentfrom such number entered in the certificate of registration shall be
punishable with imprisonment for a term which shall not be less than six months but
may extend to one year and with fine equal to ten times the amount of annual road tax
or two-third the lifetime tax of the motor vehicle, whichever is higher.”.
77.In the principal Act,— Amendment
of section
(A)in section 193,in the marginal heading,for the words "agents and canvassers", 193. .
the words "agents, canvassers and aggregators" shall be substituted;
{B) section 193 shall be numbered as sub-section (7)thereof, and^—
(i) in sub-section (/) as so numbered,—
(u) for the words “which may extend to one thousand rupees”, the
words “of one thousand rupees” shall be substituted;
Q)) for the words “which may extend to two thousand rupees”, the'
words “of two thousand rapees” shall be substituted;
(u)after sub-section (7) as so numbered, the following sub-sections shall
be inserted, namely:—
“(2) Whoever engages himself as an aggregator in contravention of

the provisions of section 93 or of any rules made thereunder shall be
punishable with fine up to one lakh rupees but shall not be less than
twenty-five thousand rupees,
(i) Whoever, while operating as an aggregator contravenes a
condition of the licence granted under sub-section (7) of section 93, not
designated by the State Government as a material condition, shall be
punishable with fine of five thousand rupees.”.
78. In section 194 of the principal Act,— ■ Amendment
of section
(/■) in sub-section (7),— 194.
(a) the word “minimum” shall be omitted;
{b) for the words “of two thousand rupees and an additional amount of
one thousand rupees per tonne of excess load”, the words “of twenty thousand
rupees and an additional amount of two thousand rupees per tonne of excess
load” shall be substituted;
(c) the following proviso shall be inserted, namely:—

“Provided that such motor vehicle shall not be allowed to move
- before such excess load is removed or is caused or allowed to be removed
by the person in control of such motor vehicle.”;
(«■) after sub-section (7), the following sub-section shall be inserted, namely:—
“(7A) Whoever drives a motor vehicle or causes or allows a motor vehicle

to be driven when such motor vehicle is loaded in such a manner that the load or
any part thereof or anything extends laterally beyond the side of the body or to
the front or to the rear or in height beyond the permissible limit shall be punishable
with a fine of twenty thousand rupees, together with the liability to pay charges
for off-loading of such load:
Provided that such motor vehicle shall not be allowed to move before
such load is arranged in a manner such that there is no extension of the load
71
“ 38 THE GAZETTE OFINDIA EXTRAORDINARY [Part II-
laterally beyond the side of the body or to the front or to the rear or in height
beyond the peimissible limit; '
Provided further that nothing in this sub-section shall apply when such
motor vehicle has been given an exemption by the competent authority authorised
in this behalf, by the State Government or the Central Government,allowing the
carriage of a particular load.";
(h'O in sub-section ,(2), for the words, “which may extend to three thousand
rupees”, the words “of forty thousand rupees” shall be substituted.
Insertion of 79. After section 194 of the principal Act, the following sections shall be inserted.
new sections
namely:-
194A, 194B,
194C, T94D,
194Eand '
194F.
CaiTiage of "194A. Whoever drives a ttansport vehicle or causes or allows a transport

excess
vehicle to be driven while caiTying more passengers than is authorised in the registration
passengers.
certificate ofsuch transport vehicle or the peimit conditions applicable to such transport
vehicle shall be punishable with a fine of two hundred rupees per excess passenger:
Provided that such transport vehicle shall nqt be allowed to move before the
excess passengers are off-loaded and an alternative transport is arranged for such
passengers.
Use of safety 194B.(/)Whoever diives a motor vehicle without weaiing a safety belt or carries
belts and the passengers riot wearing seat belts shall be punishable with a fine of one thousand
seating of
rupees:
children.
Provided that the State Government, may by notification in the Official Gazette,
exclude the application of this sub-section to transport vehicles to carry standing
passengers or other specified classes of transport vehicles.
(2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be
driven with a child who, not having attained the age of fouiTeen years, is not secured
by a safety belt or a child restraint system shall be punishable with a fine of one
thousand rupees.
Penalty for 194C. Whoever drives a motor cycle or causes or allows a motor cycle to be
violation of
driven in contravention of the provisions of section 128 or the rules or regulations
safety
measures for
made thereunder shall be punishable with a fine of one thousand rupees and he shall
motor cycle be disqualified for holding licence for a period of three months.
drivers and
pillion riders.
Penalty for 194D. Whoever drives a motor cycle or causes or allows a motor cycle to be
not wearing driven in contravention of the provisions of section 129 or the rules or regulations
protective
made thereunder shall be punishable with a fine of one thousand rupees and he shall
headgear.
be disqualified for holding licence for a period of three months.
Failure to 194E.Whoever while.driving a motor vehicle fails to draw to the side of the road,
allow free
on the approach of a fire service vehicle or of an ambulance or other emergency vehicle
passage to
emergency
as may be specified by the State Government,shall be punishable with imprisonment
vehicles. for a term which may extend to six months,or with a fine often thousand rupees or with
both.
Use of horns 194F. Whoever—

and silence
zones. (a)while driving a motor vehicle—
(i) sounds the horn needlessly or continuously or more than
necessary to ensure safety, or
72
(a)sounds the horn in an area with a traffic sign prohibiting the use
of a horn, or
(b)drives a motor vehicle which makes use of a cut-out by which exhaust

gases are released other than through the silencer,
shall be punishable with a fine ofone thousand rupees and for a second or subsequent
offence with a fine of two thousand rupees.”.
80. Section 195 of the principal Act shall be omitted. Omission of

section 195.
81.In section 196 of the principal Act,- Amendment

of section
(i) after the words “shall be punishable”, the words “for the first offence” shall 196.
be inserted;
(ii) for the words “which may extend to one thousand rupees”, the words “of
two thousand rupees,” shall be substituted; and
(in) after the words "with both",the words", and for a subsequent offence shall
be punishable with imprisonment for a term which may extend to three months,or with
fine of four thousand rupees, or vyith both." shall be inserted.
of section
(i) in sub-section(7),for the words “which may extend to five hundred rupees”, 197.
the words “of five thousand rupees” shall be substituted;

(ii)in sub-section (2),for the words “which may extend to five hundred mpees”,
the words “of five thousand rupees” shall be substituted.
83. In section 198 of the principal Act, for the words “with fine which may extend to Amendment
of section
one hundred rupees”, the words “with fine of one thousand rupees” shall be substituted. 198.
84. After section 198 of the principal act, the following section shall be inserted. Insertion of
new section
namely;—
198 A
T98A.(!) Any designated authority, contractor, consultant or concessionaire Failure to
responsible for the design or construction or maintenance of the safety standards of comply with
standards for
the road shall follow such design, construction and maintenance standards, as may be road design,
prescribed by the Central Government from time to time. construction
and
maintenance.
(2) Where failure on the part of the designated authority, contractor, consultant
or concessionaire responsible under sub-section (1) to Comply with standards for
road design,construction and maintenance,results in death or disability,such authority
or contractor or concessionaire shall be punishable with a fine which may extend
to one lakh rupees and the same shall be paid to the Fund constituted under
section 164B.
(3)For the purposes of sub-section (2), the court shall in pai'ticular have regard
to the following matters, namely:—
(a)the characteristics of the road,and the nature and type of traffic which
was reasonably expected to use it as per the design of road;
(b)the standard of maintenance norms applicable for a road ofthat character

and use by such traffic;
73
(c)the state of repair in which road users would have expected to find the
road;
{d) whether the designated authority responsible for the maintenance of

the road knew,or could reasonably have been expected to know,that the condition
of the part of the road to which the action relates was likely to cause danger to
the road users;
(e) whether the designated authority responsible for the maintenance of

the road could not reasonably have been expected to repair that part of the road
before the cause of action arose;
(/) whether adequate warning notices through road signs, of its condition
had been displayed; and
ig) such other matters as may be prescribed by the Central Government.
Explanation.—For the purposes of this section, the term “contractor” shall
include sub-contractors and all such persons who are responsible for any stage in the
design, construction and maintenance of a stretch of road.’.
new sections namely:—
199A and
199B.
Offences by “199A.(/)Where an offence under this Act has been committed by a juvenile,
juveniles. the guardian of such 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:
Provided that nothing in this sub-section shall render such guardian or owner
liable to any punishment provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
Explanation.—For the purposes of this section, the Court shall presume that
the use of the motor vehicle by the juvenile was with the consent of the guardian of
such juvenile or the owner of the motor vehicle, as the case may be.
(2) In addition to the penalty under sub-section (/), such guardian or owner
shall be punishable with imprisonment for a term which may extend to three years and
with a fine of twenty-five thousand rupees.
(J)The provisions of sub-section(i)and sub-section(2)shall not apply to such
guardian or owner if the juvenile committing the offence had been granted a learner's
licence under section 8 or a driving licence and was operating a motor vehicle which
such juvenile was licensed to operate.
(4) Where an offence under this Act has been committed by a juvenile, the
registration ofthe motor vehicle used in the commission ofthe offence shall be cancelled
for a period of twelve months.
(5) Where an offence under this Act has b^n committed by a juvenile, then,
notwithstanding section 4 or section 7,such juvenile shall not be eligible to be granted
a driving licence under section 9 or a learner's licence under section 8 until such
juvenile has attained the age of twenty-five years. ■
(6) Where an offence under this Act has been committed by a juvenile, then
such juvenile shall be punishable with such fines as provided in the Act while any
custodial sentence may be modified as per the provisions of the Juvenile Justice
Act,2000. 56 of 2000.
74
I99B. The fines as provided in this Act shall be increased by such amount not Revision of
fines.
exceeding ten per cent, in value of the existing fines, on an annual basis on 1st day of
April ofeach year from the date ofcommencement ofthe Motor Vehicles(Amendment)
Act,2019,as may be notified by the Central Government.”.
86.In section 200 of the principal Act,— , Amendment
of section
(a) for the words, figures and brackets “punishable under section 177,
section 178,section 179,section 180,section 181,section 182,sub-section(7)or
sub-section(2)of section 183,section 184,section 186,section 189,sub-section
(2)of section 190,section 191,section 192,section 194,section 196,or section
198,”, the words, brackets, figures and letters “punishable under section 177,
section 178,section 179,section 180,section 181,section 182,sub-section(7)or
sub-section(5)or sub-section(4)of section 182A,section 182B,sub-section(7)
or sub-section(2)ofsection 183,section 184 only to the extent of use of handheld
communication devices,section 186,section 189,sub-section(2)ofsection 190,
section 192, section 192A, section 194, section 194A, section 194B, section
194C,section 194D,section 194E,section 194F,section 196,section 198,” shall
be substituted;
(b) the following proviso shall be inserted, namely;—

"Provided that the State Government may, in addition to such
amount,require the offender to undertake a period ofcommunity service.";
(//) after sub-section (2), the following provisos shall be inserted, namely:—
“Provided that notwithstanding compounding under this section, such
offence shall be deemed to be a previous commission of the same offence for the
purpose of determining whether a subsequent offence has been committed:
Provided further that compounding of an offence will not discharge the
offender from proceedings under sub-section(4)ofsection 206 or the obligation
to complete a driver refresher training course, or the obligation to complete
community service,if applicable.”.
of section
(0 in sub-section (7),— - 201.
■ N' ■ ,
(a)the word “disabled” shall be omitted;
(7>)for the words “fifty rupees per hour”,the words “five hundred rupees”
shall be substituted; ^
(c) in the second proviso, for the words “a Government Agency, towing
charges”, the words “an agency authorised by the Central Government or State
Government, removal charges” shall be substituted;
(ii) in sub-section (2), for the words “towing charges”, the words “removal
charges” shall be substituted;
(in)after sub-section(2), the following sub-section shall be inserted, namely;—
“(3) sub-section (7)shall not apply where the motor vehicle has suffered
an unforeseen breakdown and is in the process of being removed.";
(iv) after sub-section(3),the following Explanation shall be inserted, namely:—

'Explanation—Vox the purposes of this section, “removal charges”
includes any costs involved in the removal ofthe motor vehicle from one location
to another and also includes any costs related to storage of such motor vehicle.'.
75
j
42 THE GAZETTE OFINDIAEXTRAORDINARY [Part II—
Amendment 88.In section 206 of the principal Act, after sub-section (3), the following sub-section
of section
shall be inserted, namely;—
206.
(4) A police officer or other person authorised in this behalf by the State
Government shall, if he has reason to believe that the driver of a motor vehicle has
committed an offence under any ofsections 183,184,185,189,190,194C,194D,or 194E,
seize the driving licence held by such driver and forward it to the licensing authority
for disqualification or revocation proceedings under section 19:.
Provided that the person seizing the licence shall give to the person sumendering
the licence a temporary acknowledgement therefor, but such acknowledgement shall
not authorise the holder to drive until the licence has been returned to him.”.
new sections namely;—
210A, 210B,
210G and-
210D.
Power of State “210A. Subject to conditions made by the Central Government, a State
Government
Government,shall, by notification in the Official Gazette,specify a multiplier, not less
to increase
penalties.
than one and not greater than ten, to be applied to each fine under this Act and such
modified fine,shall be in force in such State and different multipliers may be applied to
different classes of motor vehicles as may be classified by the State Government for
the purpose of this section.
Penalty for 2106. Any authority that is empowered to enforce the provisions of this Act
offence
shall, if such authority commits an offence under this Act, shall be liable for twice the
committed by
an enforcing
penalty con-esponding to that offence under this Act.
authority.
Power of 2IOC.The Central Government may make rules for—

Central
Government (a)design,construction and maintenance standards for National highways;
to make rules.
(b) such other factors as may be taken into account by the Court under
sub-section (J) of section 198A;
(c) any other matter which is, or has to be, prescribed by the Central
Government.
Power of State 210D. The State Government may make rules for design, construction and
Government maintenance standards for roads other than.national highways, and for any other
to make ndes.
matter which is, or may be, prescribed by the State Government.”.
Insertion of 90. After section 211 of the principal Act, the following section shall be inserted.
new section namely;-
211A.
Use of “21 lA.(/) Where any provision of this Act or the rules and regulations made
electronic
thereunder provide for—
forms and
documents. - (a) the filing of any form, application or any other document with any
office, authority, body or agency owned or conttolled by the Central Government
or the State Government in a particular manner;
(b) the issue or grant of any licence, permit, sanction, approval or

endorsement, by whatever name called in a particular manner; or
(c)the receipt or payment of money in a particular manner,
then notwithstanding anything contained in such provision, such requirement shall
be deemed to have been satisfied if such filing, issue, grant,receipt or payment,as the
case may be,is effected by means of Such electronic form as may be prescribed by the
Central Government or the State Government, as the case may be.
76
Sec. I] THE GAZETTE OFINDIAEXTRAORDINARY 43
(2) The Central Government or the State Government shall, for the puipose of
sub-section (/), prescribe—
(a)the manner and format in which such electronic forms and documents
shall be filed, created or issued; and
(b) the manner or method of payment of any fee or charges for filing,
creation or issue of any electronic document under clause (a).”.
of section
(a)after the words,brackets and figures “the proviso to sub-section(7)of

section 112”, the word and figures “section 118" shall be inserted;
(b) after the words, brackets, figures and letter “sub-section,(4) of
section 163A”,the words,figures and letter “section 164,section 177A” shall be
inserted;
(ii) after sub-section (4), the following sub-section shall be inserted, namely:—
“(5) Every notification issued by the State Government under
section 210A shall be laid, as soon as may be after it is made,before each House
ofthe State Legislature where it consists oftwo Houses,or where such Legislature
consists of one House, before that House, while it is in session for a total period
ofthirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, the House agrees or both Houses
agree, as the case may be,in making any modification in the notification of the
House agrees or both Houses agree, as the case may be, that the notification
should not be issued, the notification shall thereafter have effect only in such
modified form or be of no effect as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that notification.”.
92. After section 215 of the principal Act, the following sections shall be inserted. Insertion of
new sections
namely:—
215A, 215B,
215C and
215D.
“215A. Notwithstanding anything contained in this Act,-— Power of

Central
(a)the Central Government shall have the power to delegate any power or Government
functions that have been confeiTed upon it by the Act to any public servant or and State
Government
public authority and authorise such public servant or public authority to discharge
to delegate.
any of its powers, functions and duties under this Act;
(b) the State Government shall have the power to delegate any power or
functions that have been conferred upon it by the Act to any public servant or
public authority and authorise such public servant or public authority to dischai'ge
any of its powers, functions and duties under this Act.
215B.(/)The Central Government shall, by notification in the Official Gazette, National Road
constitute a National Road Safety Boaid consisting of a Chairman, such number of Safety Baord.
representatives from the State Governments,and such other members as it may consider
necessary and on such terms and conditions as may be prescribed by the Central
Government.
(2)The National Board shall render advice to the Central Government or State
Government, as the case may be, on all aspects pertaining to road safety and traffic
management including, but not limited to,—
77
44 THE GAZETTE OFINDIA EXTRAORDIN.ARY [PartII—
(a)the standards of design, weight, construction, manufacturing process,

operation and maintenance of motor vehicles and of safety equipment; .
(h) the registration and licensing of motor vehicles;
(c) the formulation of standards for road safety, road infrastructure and
control of traffic;
(d) the facilitation of safe and sustainable utilisation of road transport

ecosystem;
(e) the promotion of new vehicle technology; ,
(f) the safety of vulnerable road users;
(^) programmes for educating and sensitising drivers and other road
users; and
'(/i) such other functions as may be prescribed by the Central Government

fi-om time to time,
Power ol' 215C.(7)The Central Government may make rules for the purposes of carrying
Central
into effect the provisions of this Chapter.
Government
to make rules.
provide for—
(a)the use of electi'onic forms and means for the filing of documents,issue
1
or grant oflicence, permit,sanction,approval or endorsements and the receipt or
payment of money as referred to in section 211 A;
(b) the minimum qualifications which the Motor Vehicles Depaifment

officers or any class thereof shall be required to possess for appointment as
such, as refeiTed to in sub-section (4) of section 213;
(c)the terms and conditions of appointment of Chairman and Members of

the National Road Safety Board under sub-section (i) of section 215B;
(d) the other functions of the National Road Safety Board under
sub-section (2) of section 215B; and
(e) any other matter which is to be, or may be, prescribed, or in respect of
which provision is to be made by rules by the Central Goverament.
Power of Slate 215D.(i)The State Government may make rules for the purposes ofcarrying into
Government
effect, the provisions of this Chapter, other than the matters specified in section 215C.
to make rules.
provide for—
(a)the use ofelectronic forms and means for the filing ofdocuments,"issue
or grant of licence, permit,sanction,approval or endorsements and the receipt or
payment of money as refemed to in section 211 A;
(b) the duties and functions of the officers of the Motor Vehicle
Depaitment, the powers to be exercised by such officers (including the powers
exercisable by police officers under this Act) and the conditions governing the
exercise of such powers, the uniform to be worn by them, the authorities to
which they shall be subordinate as referred to in sub-section (S)of section 213;
(c)such other powers as may be exercised by officers ofthe Motor Vehicles

Department as referred to in clause (/) of sub-section(5)of section 213; and
w
^ (d)any other matter which is to be, or may be, prescribed, or in respect of

which provision is to be made by rules by the State Government.”.
93. In the principal Act, the Second Schedule shall be omitted. Omission of
Second
Schedule.
\
DR.G NARAYANA RAJU,
Secretary to the Govt, ofIndia.
UPLOADED BY THE MANAGER. GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002 .
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-n0054.
BANSHI
• IbyBANSHIOKU)
MGlPMRND—2599GI(S3)—09-08-2019. OHAR
29l9Xe.09
dubey/
y
tM7-.4a*05-3<r
y'
. 79 Annexure A-3
2 THE GAZETTE OF INDIA-: EXTRAORDINARY I
r MINISTRY OF ROAD TRANSPORT AND fflGHWAYS I
NOTIFICATION
New Delhi, the 25th February, 2022

S.O. 8S9(E).-În exercise of the"powers "conferred sub-section (2) of section 1 of the Motor ■ i
Vehicles (Amendment) Act,'2019 (32 of 2019), the Central Government hereby appoints the 1st day of
jApril,;2022 as.the dateon which the following provisions ofthe said Act shall come into force, namely: —
SI. No. Sections
1. Section 50;
2. Section 51;
3. Section 52;
4. Section 53;
5. Section 54;
6. Section 55;
7. Section 56;
8. Section 57; and I
9. Section 93.
1 7 T7 TT -
.%
ri .•s
U
4 ilisi i? V. r
r ^ ’
1. %
*
•[F. No. RT-n036/64/2019-MVL]-
'T r
'•V r.
i-
•Ffr
<’r fWiilp AMIT VARADAN,Jt.;Secy.'
r’.'A.'t''..',' X.
Uploaded by Dte. ofPrinting at Government ofIndia Press, Ring Road,Mayapuri, New Delhi-110064
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20224)115 UilllS•fOno'
I
I
80
Annexure A-4
MIMSTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 25tli Febniaiy,2022

G.S,R. 163(E).—^Whereas the toft scheme for Compensation to victims of Hit and Run Motor Accidents,
2021 tras published, as required under sub-section(1)of section 212 of the Motor Veliicles Act, 1988(59 of 1988)
tide notification of the Government of India in the Ministry of Road Transport and Higliways, in the Gazette of
India, Extraordinary, Part 11, Section 3, Sub-section (i) vide number G.S.R. 526 (E), dated the 2nd August, 2021,
inviting objections and suggestions from all persons likely to be affected thereby, before the exphy of tlurty dal's
fi-om the date on which'copies of the Gazette of India in which tlie said notification was published, were made
available to the public; ■
And, whereas, copies of the said Gazette notification were made available to the public on the 3rd August,
2021;
And, whereas, the objections and suggestions received fiom the public in respect of the said draft scheme
have been considered by the Central Govenmient
Now, therefore,' in exercise of the potvers confeired by section 161 of the Motor Vehicles Act, 1988
(59 of1988)and in supersession of tlie Solatium Scheme, 1989 issued vide number S.O. 440(E),dated the 12*Jmie,
1989, except as respects,things done or omitted to be done before such supersession, the Central Govenmient hereby
makes the following scheme, namely: —
1. Short tifle and commencement. —(1)Hiis scheme may be called tlie Compensation to Victims of Hit and Riui
Motor Accidents Scheme,2022.
(2)It shall come into force with effect from the 1*' April, 2022.
2. Deiiuitious. — In tliis scheme,unless tlie context otherwise requhes, —
(a) “Act” means the Motor Vehicles Act, 1988(59 of 1988);
(b) “Account for Insured Vehicles” means such part of the Fund that is utilised for the casMess treatment of
. victircB of motor accidents caused by insured veliicles in accordance with the scheme finmed imder
section 162;
■ (c) “Amount for Uninsured Vehicles or Hit and Run Motor Accident” means such part of the Fluid that is
utilised for die casMess treatment of victims of motor accidents caused by uninsured veliicles or Mt and
nin accidents in accordance with tlie scheme fi-amed inider sectibn 162.
81
10 THE GAZETTE OF INDIA : EXTRAORDINARY [PartII—Sec. 3(i)]
(d) cashless treatment” means treatment provided to the wctims of road accidents in accordance with the
scheme framed trader .section 162;
'(e) “Claims Enquiry Officer” means the Sub-Divisional Officer, Tehsildar, or any other officer in charge of
tlie revenue kib-division of a Talnka in each revenue distiict of a State or such other officer not below the
rank ofSub-Divisional Officer or a Tehsildar', as may be specified by the State Goveiiuuent;
(f) “Claims Settlement Commissioner” means the District Magistrate, the Deputy Commissioner, the
Collector or any other officer-in-chai'ge of a revenue district in a State appointed as such by the State
Govemmeiif;'
® District-level Committee” means a Committee set up under paragraph 11;
(h) “Form” means a Form atmexed to this scheme;
(i) “Hit and Ritn Compensation Account’* means such praf of the Motor Vehicle Accident Fund that is
utilised for the payment of compensation for hit and run accident ,victims and reimbursement of cashless
treatment expenditure ofliit and nm motor accident victims, to the Accoimt for Uninsured Vehicles or Hit
and Run Motor Accident,if any.
(j) “Motor Vehicle Accident Fund" means a Fund as constituted trader section 16dB, and sMl inchide tire
Account firfTnsiired Vehicles, Accoiuit for Uninsured Vehicles or Hit and Run Motor Accident, and the
Hit and RmrCompensation Account.
/ Section” means section ofthe Act;
(1) “Standing Gpnunittee” means Committee set up under paragraph 3.
3.Standing Committee. —(1)There shall be a Standing Committee consisting ofthe following members,namely;—
(a) an officei' not below the rank ofJomt Secretary, Ministry of Road Transport and Higlnvays
Cliaiiperson;
(b) an officer not below the rank ofJointSecretar-y, Department ofFinancial Services, Muiistiy of
Finance. Member;
(c) an officer not .below' the rank ofJoint Secretary, Deparbrient 'of Expenditure, Miirisfry of
Finance .....Member;
(d) Secretary, General Insurance Coimcil Member;
(e) Clraimrair and Managhrg Dhector(CIVID)ofInsurance Compairies for the time being canying on genei'al
insrnaitce biismess in hrdia(three compaaies on rotation basis).... Members;
(f) Trairspoil Commissioners, one each fi'om three States, nonrinated by the Centi'al Goveiimreat by rotation
Members; ’’
(g) Representath'e as nomiirated by Principal Chief Controller of Accoimts, Ministry ofRoad Trairsport aird
Highways; '
(h) Director, Ministry ofRoad Transport and Higlrways.... Member;
(i) an officer nominated by the General Inmance Council ..Member - Secretaiy;
(j) any represent.ative, as nominated by Chairperson .-Member.
(2)The person nominated as a member by vii'tue of an office shall cease to be a member when he ceases to
hold that office.
' 4.Remuneration of members of Standing Committee. — A member shall not be paid any remuneration, except
travelling and daily allowance at the rates admissible to him and be paid from the sotnee he draws salary.
5.Powers and functions of Standing Committee. — The Standing Committee sliall-
(a) periodically review the w'orkmg of this scheme, includhig consideration of the General Insm'ance Council
. Report referred to in paragraph 24,and its implementation and direct coirective steps, wherever necessarv';
(b) consider the issues raised in tlie.quarterly reports ofthe District Level Committee and provide guidance or
directions, including on prevention offraud in implementation offliis scheme, wherever called for;
(c) make.recoiuinieadations to the Central Government for amendment of this scheme to enable the efficient
disbursement and working of tlie Hit and Rim Compensation Account, specifically with respect to
1 prevention offimid;
;• 'i.
82
[«TFr II— 3(0] 11
(d) provide procedure for conduct of business by the Standing Committee and District Level Committee.
X
6. Meeting of Standing Committee. —The Standing Committee shall meet at such time, date and at such a place as
the Chairperson may,from time to time, appoint in this behalf:
Provided that the Committee shall meet at least once a year.
7. Quorum.— Not less than five members shall form a quorum:
Provided that if at any meeting there is no quorum, the Chairperson may adjourn the meeting to a date not
less than seven days later, informing the members present and sending notices to other members that he proposes to
dispose offthe business at the adjourned meeting, whether there is a quorum or not, and he may thereupon dispose off
the business at such adjourned meeting.
8. Decision, -Every matter shall be determined by a majority of votes ofthe members present and voting ahd|in case
ofequality of votes, the Chairperson shall have a casting vote.
9. Notice of meeting. —(1)Notice shall be given by the Member-Secretary to eveiy member of the time, date and
place fixed for each such meeting at least seven days before such meeting and each member shall be furnished with a
list ofbusiness to be disposed offat the said meeting:
Provided that when an urgent meeting is called by the Chairperson, such notice shall not be necessary,
however, Member-Secretary shall send an intimation to each member.
(2)No business which is not on the list ofbusiness shall be considered at a meeting without the permission of
the Chairperson,
10. Minutes of meeting. — The proceedings of each meeting of the Standing Committee shall be circulated to all
membem and thereafter recorded in a minutes book which shall be kept as a permanent record, including in electronic
. form and the record ofthe proceedings ofeach meeting shall be signed by the Chairperson,
li. District Level Committee. ^,(1) There shall be a District Level Committee in each District consisting of the
followmg members, namely: — •
(a) - Claims Settlement Commissioner; Chairperson;
(b). Claims Enquiry Officer, nominated by the State Government ......Member;.
(c) Superintendent of Police or Deputy Superintendent of Police (Head Quarter) of thb District
Member;
(d) ChiefMedical Officer ofthe District Member;
(e) the Regional.Transport Officer or my other officer of:Motor Vehicles Department as nominated by
the State Government ..Member;
(£) . any member of the public or a voluntary organisation connected with road safety aspects as nominated
by the Chairperson ..Member;
(g) an officer nominated by the General Insurance Council ........Member-Secretary.

•■(2) A person nominated as a member by virtue of anbffice shaU cease to be member when he ceases to hold
that office. , '
, (3) The term of office of the members nominated under clauses (d), (e) and (f) of sub-paragraph (1) shall be
determined by the ^tate Government.
. 12. Remuneration of member of District Level Committee. —A member shall not be paid any remuneration except
travelling and daily allowance at the rate admissible to him in his respective Department and be paid from the source
he draws salary and a member nominated under clause (f) of sub-paragraph (1) of paragraph 11 shall be paid
travelling allowance or dearness allowance by .General Insurance Council, at the rate as may be decided by the
General Insurance Council.
13. Powers and functions of District Level Committee. — The District Level Committee shall undertake all
functions cotmected with the implementation of this scheme at the District Level, and it shall also perform the
following functions, namely: -. . ■
, (a) to evaluate the progress of implementation of this scheme in the concerned District and take corrective
steps, wherever necessary;
(b) to submit a report on quarterly basis to the Standing Committee, including in electronic form and the
report shall, inter alia, include month-wise statistics about the claim applications received, awarded,
pending and reasotis for pendency;
83
12 THE GAZETTE OF INDIA: EXTRAORDINARY [Part II—SEC. 3(i)]
(c) ■ to keep close liaison with:other authorities in the district so as to ensure that this scheme gets adequate
pubUcity;
(d) to provide guidance or clarifications to concerned authorities and clmmants, wherever called for; and
(e) to raise awareness about the rights available to claimants and the provision of compensation under this
scheme.
14. Meeting of District Level Committee. — The District Level Committee shall meet at such time, date and place,
within the concerned.District itself, as the Chairperson may, fi’om time to time, appoint in this behalf: ' .
Provided that the Committee shall'meet at least once in each quarter.
15. Quorum.—Not less than three members shall form a quorum.
16. Decision. —Every matter shall be determined by a majority of votes of the members present and voting, Md in
case of equality of votes, Ghaiirpemon shall have a casting vote.
17. Notice of meeting. —(1)Notice, shall be given by Member-Secretary to each member ofthe time, date and place
fixed for.the meeting at least seven days before such a meeting and each member shall be fiimished with a list of
business to be disposed off at the said meeting:
Provided that when an urgent meeting is called by the Chairperson, such notice shall not be necessary,
however; Member-Secretary shall send an intimation to each member.
(2)No business which is not on the list of business shall be considered at a meeting without the perinisrion of
the Chairperson.
18. Minutes of meeting. —The proceedings ofeach meeting ofthe District Level,Committee shall be circulated to all
members and thereafter recorded in a minutes book which shall be kept as a permanent record, including in electronic
format and the record ofthe proceedings ofeach meeting shall be signed by Chaiqjersoh.
19. Nomination of insurance company. -M3eneral Insurance Council shall- nominate any - of its officer of an
insurance company in each District for settlement of claims under section 161 and this scheme.
20. Procedure for making claim application. —(1)The applicant shall submit an application seeking compensation
under this,scheme in Form I, including through electronic means, along with a copy of claim -raised by the hospital
providing the treatment, if any, as per Scheme for Cashless Treatment forinulated under section. 162, and the
undertaking |n.Form IV, and such other documents mentioned in Fonh I; including through electronic means,-to ,the.
Claims Enquiry Officer ofthe Siib-Division or Taluka in which the accident took place.
,(2) Where the Claims Enquiry Officer does not accept the grounds advanced by the applicant he shall record
speaking order and communicate to the applicant reasons for not accepting the claim application.
21. Procedure to be follow^ by Claims Enquiry Officer. — (1) On receipt of claims'application, the Claims
• Enquiry Officer shall immediately obtain a copy of the First Accident Report(FAR), post mortem report, as the case
■ may be, fiom the concerned authorities and hold enquiry in respect of claims arising out of the hit.and run motor
accident.
(2)ItsMlbetheduty ofthe Claims Enquiry Officer—

(a) to decide as to who are the rightful claimants, where there is more than one claimant;
(b) to submit to the Claims Settlement Commissioner, as early as possible, and in any case within a period
ofone morrth fi'om the date ofreceipt ofapplication, a report in Form II, alpng with his own
recommendation,and the Forms and documents received fi'om the claimant.
(3) Where the Claims Settlement Cormnissioner has returned any report to the Claims Enquiry Officer for
further enquiry under sub- paragraph(3) of paragraph 22, the Claims Enquiry Officer shall make such additional
enquiries as may be necessary and re-submit the report to the Claims Settlement Commissioner within fifteen days for
final order.
22. Sanctioning of claims. —(1)Subject to sub- paragraph (2), on receipt of report of the Claims Enquiry Officer,
the Claims Settlement Commissioner shall sanction the claim, as far as possible, within a period not exceeding fifteen
days fiom the date of receipt of such report and communicate the sanfction order in Form Ed, and the Forms and
documents received fiom the claimant, to the Trust constituted under rule 4 of the Central Motor Vehicles (Motor
Vehicle Accident Fimd) Rules, 2022 or the General Insurance Council, as the case may be, with a copy to the
following: —
(a)the Claims Enquiry Officer;
(b)the claimant;
84
[?rTir II— 3(i)] ?Trar^TRW: 13 ,
(c)the concerned Motor Accident Claim Tribunal;

\
(d)the concerned Transport Commissioner;
(e)General Insurance Council headquarters.
(2) Claims Settlement Commissioner shall deduct the claim raised by the hospital which has provided
cashless treatment as per the scheme framed,under section 162 and sanction the balance amount:
Provided that the amount spent on cashless treatment of the victim shall be transferred from the Hit and Run
Compensation Account to the Account for Uninsured Vehicles or Hit and Run Motor Accident of the Motor Vehicle
Accident Fund:
Provided further that ifthe claim raised by the hospital which has provided cashless treatment as per the scheme
framed under section 162, is greater than the fixed sum compensation under section 161, no compensation shall be
paid to the claimant or legal representative ofthe deceased, whichever the case may be.
(3) Where the Claims Settlement Commissioner has any doubt in respect of the report submitted by the
Claims Enquiry Officer, he shall return the report to the Claims Enquiry Officer for further enquiry, indicating the '
specific points on which the enquiry is to be made.
23. Payment of compensation. ;—(1) In the case of claims arising out of death of an accident victim, the
compensation awarded under paragraph 22 shall be made to the legal representatives of the deceased decided by the
Claims Enquiry Officer.
(2)In the case of claims arising out of grievous hurt, the compensation awarded under paragraph 22 shall be
made to the person injured. ,
' (3) On behalf of the Trust referred to in sub- paragraph (1) of paragraph 22, General Insurance
Council(GIC), immediately on receipt of the sanction order in Form III, and the Forms and documents from the
claimant, shall make the e-payment to the bank account as provided by the claimant or legal representative of the
deceased, as the case may be, and simultaneously send intimation to all the concerned authorities to whom the copy of
the sanctioii order is endorsed-. . ^ .
■ (4) the payment tinder sub- paragraph’(3) shall be made within fifteen days from the date of receipt of the
sanction order: . •
Provided that the payment may be made vVithin a fbrther period of thirty days, for reasons to be recorded’in
writing to the Claims Settlement Commissioner.
(5) Upon disbursement of the compensation under sub- paragraph (3), the Claims Enquiry Officer Shall
maintain a record, including in electronic form, of the claim awarded and the date of payment made, which shall be
used to populate the quarterly report under clause Xb)of paragraph 13;
24. Annual report. — The General Insurance Council shall prepare aii aimual report on the working ofthis scheme.
and submitthe same before the Standing Committee, with a copy to the Central Government.
[F. No.RT-11036/64/2019-MVL (part-2)]
' . AMITVARADAN,.Jt.Secy.
FORM I
[Paragraph 20(1)]
FORM OF APPLICATION FOR COMPENSATION FROM HIT AND RUN COMPENSATION FUND
I, s6n*/daughter*/widow* of Shri residing at

having been grievously injured in motor vehicle accident hereby apply for grant qf compensation for the grievous
injuries sustained. Necessary particulars in respect ofthe injury sustained by me are given below: —
I, .son ofrdaughter ofrwidow of* Shri residing at hereby

apply as a legal representative for the grant of compensation on accoimt of death/injuries sustained by
Shri/Shrimati/Kumari .. .son ofrdaughter ofrwidow* of Shri who died/had
sustained injuries in a motor vehicle accident on at ....; Particulars in respect of accident
and other information are given below: —
1. Name and father’s name ofperson injured / dead (husband’s name in case ofmarried woman or widow):
2. Address ofthe person injured/dead:
85
14 • THE GAZETTE OF INDIA: EXTRAORDINARY . [PART II—SEC. 3(0]
3. Age........iDate ofBirth
/'
4. Sex ofthe person injured/dead:
5. Aadhaar Number ofthe claimant in case ofgrievous hurt or Aadhaar Number oflegal representative.
6. Copy ofPassbook of the bank account ofperson injured/ legal representative ofthe deceased......
7. Place, date and time ofthe accident:
8. Occupation ofthe person injured/dead:
9. Nature ofinjuries sustained:
10. Name and address ofPolice Station in whosejurisdiction accident took place or was registered:
11. Name and-address ofthe Hospitel/Medical OflScer/Practitioner who attended on the injured/dead:
12. Name and address ofthe claimant/claimants:
13. Relationship with die deceased:
14. Copy of bill giyen by the Hospital which has provided cashless treatment as per Scheme framed under
section 162 ofthe Act
15. Any other information that may be considered necessary or helpful in the disposal ofthe claim:
Thereby swe^ and afSrm that all the facts noted above are true to the best ofmy knowledge and belief.
SIGNATURE OF THE CLAIMANT

♦Strike out whichever is not applicable.
FORME
[Paragraph 21 (2) (b)]
CLAIMS ENQUIRY REPORT TO BE SUBMITTED BY THE CLAIMS ENQUIRY OFFICER TO THE CLAIMS
SETTLEMENT COMMISSIONER
1. Name and address of the person dead/injured:

2. Place, time and date ofthe aecident:
3. Particulars of the Police Station in which the accident was registered:
4. Particulars of the Hospital/ Medical Officer/ Practitioner who examined the dead/injured:
5. Particulars of persons summoned and examined:
6. Whether Ae fact of death/injury by hit and run motor accident has been established or not and the
reason for coming to that conclusion:
7. The name and address of claimant(s) eligible for payment of compensation:
8. Amount spent on cashless treatment ofthe victim.
9. The amount of compensation recommended for payment to the claimant. (In case of more than one
claimant the amount each one of the claimants is eligible for, and the reasons thereof shall be
specified).
10. Any other information or records relevant or useful for the settlement of the claim.
Signature, designation
ofthe Claims Enquiry Officer.
Seal:
Date:
86
[ypT II—:;gTrg 3(i)] <1^4^ : srarsTTOT 15 .
FORM in
[Paragraph 22(1)]
Serial No ....
District. '.
ORDER
I hereby sanction Rs. (Rupees .only) as compensation in respect of the

death of (Name of deceased)/grievous hurt to ^...(Name of the injured) resulting from hit arid run motor
accidents which took place at (Name of place) on (Date)to Shri/Shrimati/Kumari as legal representative
ofthe deceased( )or to.... (Name of injured).

CC to: —
1. Trust and General Insurance Council
2. The Claimant;
3. Motor Vehicles Accident Claims Tribunals;
4. Claims Enquiry Officer;
5. Member - Secretary ofthe Standing Committee. .
FQRMIV
[Paragraph 20(1)1
UNDERTAKING FOR REFUND OF CLAIM ..

(Under section 163 ofthe Motor Vehicles Act, 1988).. , • t
I/We. .as legal"representative(s) of the deceased/injured, hereby give undertaking that I/we shall refimd
the amount of compensation that niay be awarded ot me/us under section 161 qf the Act, to the Hit md Run
Compensation Fund of the Motor Vehicle Accident Fund in case I/we am/are awarded any other compensation or
amniint in lieu of or by way of satisfaction of a claim for compensation in respect of death or grievous hiM \.
to..... under any other provisions of the Motor Vehicles Act, 1988 or any other law for the time being in force or
otherwise.- <
Signature ofthe legal representative

ofthe deceased/injured person.".
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andPublishbdby the Controller ofPublications, Delhi-110054, aiokkumar ‘Diu:ta2umni«u>engr
87
Annexure A-5
I
:-y'
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION
New Delhi, the 25th Febniary,2022

G.S.R. 162(E).—Whei-eas tlie draft Cental Motor Vehicles (NIotor Vehicle
2021 were pnbHshed, as required under sub-section.(l) of section 212 ofthe Motajehicles Ach 1988(59 of 1988)
vide notification of die Government ofhiffia hi theMinistiy ofRoad Transport aiid Hi^ways in the Gazette ofinda
Extraordinary, Part D, Section 3, Sub-section (i) vide number G.S.R. 527 (E), dated the 2nd August, -021,
objections md suggestions from all persons likely to be affected thereby,before die expiiy oftlurty days from the date
on which copies of the Gazette of India in which the said notification was published, wei-e made available to Uie
public;
And, wliei-eas,.copies of the said Gazette notification were made available to the public on tlie 3' August,
2021;
And, whereas, die objections and suggestions received from the public in respect ofthe said draft rules have
been considered by the Central Goveininent,
Now’ therefore, in exercise of the pow^'s conferred by clauses (v),(w),(x), and (y) of sub-section (2) of
section 164C, read wife section 164B of the Motor Veliicles Act, 1988(59 of 1988), die Central Gpvei mnent hereby
inakes the following idles,namely: — ,
1.Short title and commencement.-(1)These rules may be called the Cental Motor Vehicles (Motor Vehicle
Accident Fund)Rules,2022.
,5'
88
9
[wr 3(i)]
f'Apxil,2022.
(2)Tliese slmU ccane into force with effect torn the
2. Definitions. In these rales,unless the context othenvise requires, —
(a) “Act” means the Motor Vehicles Act, 1988(59 of 1988);
(h)
Accident”, and the‘Bit and Run Compensation Account ,
(c)
ffamedtmder section 162ofthe Act, r.u -c
(d)
(e) •■d„lgn.«l W »«« «» ."-o' 0» ■!*' “..1 «'

the scheme ffamed under section 162;
“G1 Coimcil” means the General hisucance
Council constituted under section 64C of the Insiuance
(0
(g)
Conpensationto Victims ofHitandRunMotor Accidents Scheme, 2022,
at) “Hospital” means any healthcare service provider providing treatment to a road accident vie im
under the scheme flamed under section 162;
(i) “section” means section of the Act;
“Trust” means the Motor
Vehicle Accident Fluid Trust established vide a trust deed executed and
(D
regkteredon 13.01.2022;
Or)
words and expressions used in these rales
. „ and. no
, t defined, but defined in the Act, sliall have the
meaimigs respectively assigned to them m tlie Act.
Vdiicle Accident Fund shall be constituted m
(a) Account for Insured Vehicles;

(b) Accoimt for Uninsured Vehicles or Hit and Run Motor Accident; and
(c) Hit and Run Compensation Amount.
4. Formation of Trast.
(l) 'nie Trast sliall administer the Motor VeHcle .Accident Fimd m. accordance with
these rales.
(2)Th,T.m. Ml
(b)
as may be specified.
(c) providing compensation to such other persons ■ rale 7.
0) Tta T.« *.U te s.v««lty nU„ -I ft, T»t D«d to».l.l«l -a« V,
Role in T rast
a toesignatioB of Member
No.
(3)
(2)
(1) Trastee (Chahpeison);
1. An officer not below the rank of Joint Secretary-, Mmistiy of Road
Transport and Highways i
Trustee - Member;
'}■ An bfficei- not below the rank of Joint Secretary, Department of
Financial Services, Minish-y of Finance
■fn-
•' ‘V
89
10 THE GAZETTE OF INDIA; EXTRAORDINARY [Part H—Sec. 3(i)]
\ 3. An officer not below the rank of Deputy Secretary, Department of Trustee - Member;
Expenditure, Ministry of Finance
4. An officer not below the rank of Joint Secretary, Ministry of Health Trustee - Member;
and Family Welfare
5. Director, Ministry of Road Transport and Highways Trustee -

(Member-Coordinator);
6. Representative of Principal Chief Controller of Accounts, Ministry of Trustee - Member;

Road Transport and Highways
7. Secretary General, General Insurance Council Trustee - Member;
8. Director/Deputy Secretary, Road Safety Cell, Ministry of Road Trustee - Member;

Transport and Highways
6. Powers and functions of Trustees. — For the furtherance of the objects of the Trust, and matters incidental or
ancillary to the attainment thereof, the trust shall have the following powers: -
(a) periodical review of the working and utilisation of the Motor Vehicles Accident Fund (Trust Corpus),
and make recommendations to the Central Government for relevant corrective steps, wherever
necessary; '
(b) make reconunendations to the Central Government on the implementation of the Compensation’to
, ■ Victims of Hit and RimMotor Accidents Scheme, 2022 and the scheme flamed under section 162;
(c) annual review of the quantum based on the receipt of contributions coniprising of the Motor Vjshicle
. • Accident Fund (Trast Corpus) made under rule 10 and utilisatidn thereof;
.(d) deliberate upon any issues raised by organisations or agencies responsible for the implementation of the
Corhpensation to Victims of Hit and Run Motor Accidents Scheme, 2022 and. the scheme flramed under
section 162; . C
(e) any other issues arising during implemehtatibn of the scheme utilising this.fund.
7. Trust Deed. - (1) The Trust shall be governed by a Trust Deed formulated in accordance with these rules, and flie
Trust Deed shdl be in addition to and not in derogation of these rules: ; '
Provided that in case of any inconsistency between’the clauses of the Trust Deed and these rules, these rules
shall prevail.
(2).The Trust Deed shall include the following clauses: -
(a) . Name and objects of the Trust;,

(b) Initial Trust Corpus and additions to the coipus; : ’ . . '
(c) Board of Trustees;
(d) Powers and responsibilities of Trustees;
(e) Meetingsofthetrustees, including quorum, minutes, notice of meetings and voting;
(f) Delegation of powers on behalf of the Trust and appointment of officers;,
(g) Power to frame rules, regulations and bye laws of the Trust;
(h) Requirement and mechanism for annual internal audit by one or more properly qualified independent
auditor(s) and their manner of appointment; . , .
(i) Requirement of maintenance of records and accounts of the Trust Coipus;
(j) Power to amend the Trust Deed; and
(k). Dissolution of the Trust.
8. Maintenance of record, accounts and audit of Motor Vehicle Accident Fund.-
(1) The Trustees shall keep and noaintain such documents, filings, books and records in the interest of proper
and transparent administration of the Trust and in compliance with applicable laws in India.
90
[iTPrn— 3{i)] ; araityKul
J*
(2) The Ti^tees shall give true and accurate accounts of all money received and spent'and all matters in y
respect thereof in the course of management of the Motor Vehicle Accident Fund (Trust Corpus) or in relation to'
carrying out the objectives of.the Tnist as well as all the assets and liabilities related to the Motor Vehicle Accident.
Fund (Trust Corpus).
(3) Without prejudice to the generdity of sub-rules(1)and (2), the Trustees shall maintain proper accounts,
including an Annual Statement of Accounts and Balance Sheet ofthe Motor Vehicle Accident Fund and records with
respect to-
)
(a) all sums of money received and expended and the matters in respect ofwhich the receipt and
expenditure have taken place;
(b) the assets and liabilities ofthe Trust; and
(c) minutes of meetings oftrustees.
(4)The books and statements ofaccount maintained by the Trustees shall be examined, audited and certified,
every financial year, by one or more qualified independent auditors, appointed by the Trustees. '
(5) The Trustees shall prepare once every year, an annual report of the activities of the Trust and a copy of
the same, along with the copy of the audited accounts, at the end of the financial.year, shalTbe furnished to the
Ministry ofRoad Transport and Highways, not later than July, 31“ ofthe same calendar year.
(6)The accounts offlie Motor Vehicle Accident Fund(Trust Corpus)shall be audited by the Comptroller and
Auditor-Generaioflndiainaccordance with sub-section(8)ofsection 164B. . ... . .
(7) The accounts of the Motor Vehicle Accident Fund, as certified by the Comptroller and Auditor-Generd
of India;'together;with the audit report, shall be forwarded annually to the Central Government, which shall cause the
same to be laid before each House dfthe Parliament
9. Inspection and Audit by Central Government-

(1)The Central Government may undertake directly or through its authorised representative,"ihspectioh aihd
audit of the books,,accounts, records and documents ofthe Trust.
/
(2)The Central Government may exercise the.power under sijb-rule(1)including, but not limited to,any of
the following grounds: - ., - . . •
(a) to ensure that the books.of accpimt, records and documents are being properly maintained;
(b) , to ascertain whether the provisions of the Act, these rules, all relevant circulars, guidelines or
notifications issued by the Central Government are being complied with; . /
(c) to inquire into the complaints received from road accident victims, or any other person, op any matter
having a bearing on the activities ofthe trust;
(d) to inquire suomotu into such matters as may be deemed fit in the interest ofthe objectives ofthe Trust. -
(3)For the purpose of inspection or audit under this rule, the Trust, Trustees, Chairperson and other officers
of the Trust, shall'pro'vide reasonable access to and finnish all information, documents, records and systerns in its
possession relating to the Trust.
(4)On conqiletion of the inspection and audit, the Central Government may take such action as it may deem
fit and appropriate in the int^st ofthe objectives ofthe Trust
10. Sources ofincome of Motor Vehicle Accident Fund.- The sources ofincome for each ofthe components ofthe
Motor Vehicle Accident Fund shall be as follows: -
(a) Account for Insured Vehicles- The “Account for Insured Vehicles” shall be credited with the following: -
(i) all insurance companies carrying on the business of motor insurance in India shall contribute such
amount as may be specified by the Trust in consultation with GI Council, to the Account for Insured
Vehicles;
(ii) the Trust shall ensure that a tninimiun balance is maintained in the Account for Insured Vehicles at the
end of each quarter, or when the total amount of the Account is less than twenty percent of the
minimum balance, whichever is greater,
(b) Account for Uninsured Vehicles or Hit and Run Motor Accident- The “Accormt for Uninsined Vehicles or
Hit and Run Motor Accidents” shall be credited with the following:-
(i) the fee collected by the Central Government for using certain sections of the National Highways •
(user fee)as per the National Highways Fee (Determination ofRates and Collection) Rules, 2008; or.
91
12 THE GAZETTE OF INDIA i EXTRAORDINARY [Part II—Sec. 3(i)]
(ii) through budgetary grant from the Corisolidated Fund ofIndia; or

(hi) fine collected under section 198A; or
(iv) any other source, as may be specified by the Central Government,
(c) Hit and Run Compensation Account: - The Hit and Run Compensation Account shall be credited with the
following: -
(a) the current balance under the Solatium Scheme, 1989, as.on the date of commencement of these rules;
■ and
(b) such percentage oftotal third party premium collected by insurance companies carrying on the business
of motor insurance in India by the general insurance companies as specified by the trust, taking into
account the actual disbursements from the Hit and Run Compensation Account in the preceding year.
11. Utilisation of Components of Motor Vehicle Accident fund- The,components of the Motor Vehicle Accident
Fund shall be utilised as followsi-
falAccountforInsuredVehicles-
(i)' The Account for Insured Vehicles shall be utilised for the cashless treatment of victims of accidents
caused by insured vehicles,
(ii) The claim amount ofthe Hospital for providing cashless treatment shall be disbursed by the designated
agency. . . .
- Xiii) It shall be administered by GI Council under supervision pfthe Trust,

(b) Account for Uninsured Vehicles or Hit and Run Motor Accident-
(i) The “Account’for Uninsured Vehicles or Hit and Run Motor Accident” shall be utilised for-
(a) providing cashless treatment to victims of accidents caused by uninsured vehicles and hit and
nm motor accident victims; ! . • • .
(b) providing compensation to such other person as tnay be specified.
(ii)the claim amount of the Hospital for providing cashless treatment, shall be disbursed by the
designated agency to the Hospital.
' (iii) It shall be adininistered by G1 Council under the supervision ofthe Trust,
(c)Hit and Run Compensation Account; ^ ^ ,
(i) Hit and Rim.Compensation Account shall be utilised for providing compensation to hit arid run
accident victims, and reimbursement of claim amount raised by the Hospital for cashless
treatment of hit and run motor accident victims, as per scheme framed under section 162, to the
Account for Uninsured Vehicles or Hit and Run Motor Accident in accordance with this rule,
(ii) It shad be admihistered by GlCouncii under the supervision ofthe Trust.

12. Disbursement of fund for cashless treatment-
(1)Subject to the scheme framed under section 162, the disbursement ofthe fund for cashless treatment shall
be in accordance with this rule.
(2) The Trust shall transfer the fund to the designated agency, for implementation of the scheme framed
under section 162.
(3) In case of motor' accidents caused by insured vehicles, the approved claim amount shall be disbursed
by the designated agency to the Hospital from the Account for Insured Vehicles.
(4)In case of motor accidents caused by uninsured Vehicles, the approved claim amount shall be disbursed
by the designated agency to the Hospital from the Account for Uninsured Vehicles or Hit and Run Motor Accident;
Provided that if the Motor Accident Claim Tribunal has passed an award for compensation against,the owner
of such uninsured vehicle causing the accident, wherein the aihount for cashless treatment has been disbursed, the ■
owner shall be.liable to reimburse the amount spent on cashless treatment to the “Account for Uninsured Vehicle or
Hit and Run Motor Accident”.
(5)In case ofa hit and run motor accident,-

(a) the approved claim amount shall be disbursed by the designated agency to the Hospital from the
“Account for Uninsured Vehicles or Hit arid Run Motor Accident”;
92
TI—^ 3(.i)] : 3i«iyK«r 13
(b) after disbursement of approved claim amount by the designated agency, the approved claim amount,
limited to the fixed sum compensation payable under sub-section(2)ofsection 161, shall be tnansferred ^
from the “Hit and Run Compensation Account” to the “Account for Uninsured Vehicles or Hit and Run
Motor Accident”.
Provided thatAvhen the approved claim amount is less than the fixed sum compensation payable under
section 161, the balance compensation amount shall be payable-to the victim from the “Hit and Run
, . Compensation Account!’:- .. .
■ Provided furflielr that when the approved claitn amount is more than the fixed sum, condensation
payable under sub-section (2) of section 161, the excess approved claim amount shall be borne by the
“Account for Uninsured Vehicles or Hit and Run Motor Accident”.
(6)Tfthe identity ofthe motor vehicle causing the hit and run accident is subsequently identified- .
• (a) before the approved claim amount is disbursed from the Account,for Uninsured Vehicles or Hit and
Run Motor Accident tq the Hospital; or
' (b) after the approved claim amount is disbursed from the Account for Uninsured Vehicles dr Hit and Run
Motor Accident to the Hospital,but before compensation is sanctioned under section 161,
the owner or authorised insurer, as the case may be, shall be liable to reimburse the approved claim amount
spent on the cashless treaftnent of the victim,to the “Account of Uninsured Vehicle or Hit and Run Motor
Accident”.
(7)Iffile identity ofthe motor vehicle causing the hit and run accident is identified, after the compensation
amount in accordance with the Compensation,to Victims of Hit and Run Motor Accidents Scheme, 2022, has been
transferred the.authorised insurer or the owner, as the case inay be, against whom the award has been passed by the
Motor Accident Claim Tribunal, shall transfer the compensation amount given to victim or claimant into “Hit and Run
Compensation Account: ,. .
Provided that in case the approved claim amount is more than the compeiisation amount awarded,by the
Motor Accident Claim Tribunal, the authorised insmer or the owner, as the case may be, against whom the
award has, been passed by the Motor Accident Claim Tribunal shall be liable to transfer only the
compensation awarded by the Motor Accident Claim Tribunal.
Explanation. - For purposes of this rule, “approved claim amount” shall mean such claim amoimt approved
by the designated agency. ^
13. Disbursement of fund for hit and run compensation. - In case of hit and run motor accidents, the
- compensation under section 161 shall be disbursed from the Hit and Run Compensation Account in accordance with
Ae Cotiênsation to Victims ofIKt and Run Motor Accidents Scheme,2022. .
14. Duties of organisations authorised by Cratral Government for adniinistration of Fund: - The organisations
authorised by the Central Government for administration of the Fund shall have the following duties: -
(a) to maintain proper records ofthe claims received and disbursed in Form specified by Comptroller and
^ Auditor General;
(b) to make payment as per the specified time limit under the schemes framed under the Act;
(c) to provide reports in the format as specified by the Central Government;
(d) maintenance ofabsolute integrity in respect of personnel and recotxls;
(e) any other duties as may be specified by the Central Government.
[F. No. RT-11036/64/2019-MVL(Part 1)]

AMIT VARADAN,Jt. Secy.
. UploadedbyDte.ofPrintmgatG6veniinentofIndia,Press,RingRoad,Mayapuri,NewDelhi-,110,064
and Published by the Controller ofPublications, Delhi-110054, alokkumar
(
Annexure A-6
\
ROAD ACCIDENTS IN INDIA -2017
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT & HIGHWAYS
TRANSPORT RESEARCH WING
NEW DELHI
wn\av.morth.nic.in
94 /
■yf
Table 2.2; Type of road accidents in 2017 vis-a-vis 2016

% change
Type of road accident 2016 2017 over previous
year
Fatal accident 136071 134796

-0.9
(28.3) - (29.0)
120848 120971
Grievous injury accidents 0.1
(25.1) . (26.0)
Minor injury accidents 187642 174400
■-7.1
(39.0) (37-5)
36091 34743
Non-injury accidents -3.7
(7.5) (7Jl
Total 480652 464910 -33
Note; Figures in parentheses are the percentage share in total accidents.
iâture of road accidents in 2017 As compared to 2016, hit pedestrian, hit from
back and hit & run have shown significant
Nature of accideiit or collision types at increase in 2017. Head on collision, however,
aggregated national level data shows that came down in 2017 as compared to 2016. Hit
‘head on collision’ accounted for 18.7 per pedestrian cases are substantially higher in
cent of total road accidents in 2017. The 2017.over 2016. This seems to suggest some
other major types of collision are ‘hit from improvement in capturing accident data
back’ (16.7%), ‘hit & run’ (14%) and ‘hit involving pedestrians with the new data
pedestrian’ (13.4%). format.
1'
Table 2.3: Road accidents by type of collision - 2017 vis-a-vis 2016

% change over
Type of collision 2016 2017
previous year
96466 87068
Head on collision imi miL -9.7
59097 77540
Hit from back 31.2,
55942 65186
Hit & Run (14.0) 16.5
46823 62344
Hit Pedestrian (9Jl IlMl 33.1
48413 42675
Hit from side JlMl (9.2) -11.9
48558 30037
Vehicle Overturn (m (6.5) -38.1
125353 100060
Others* (26.1) (21.5)
Total 480652 464910 -3.3
Note: Figures in parentheses are the percentage share in the total ofrespective columns.
*
Includes run-off road, hit fixed object, hit animal, hit parked vehicle and other unspecified
collisions types.
■7
\ 95
Collision types and their corresponding total accidents. Hit and run collision proves .
fatalities and injuries in 2017 to be most fatal.
Road accident statistics for 2017 reveals that In case of injury, head on collision, hit from
the percentage share of individual collision ■ back, hit and run and pedestrian hit have
types in the total accident are broadly similar higher share in total injuries than their
to the respective percentage share in fatalities respective share in, total accident. Table 2.4
and injuries. Fatality on accoimt of accidents below gives the number and percentage share
involving hit and run, head on collision, hit of collision types for 2017. State-wise figures
from back, hit pedestrian have higher share for collision types for 2017 are presented at
in total fatality than their respective share in AnnexureS.
Table 2.4: Road accidents,fatalities and injuries by type of collision -2017

Collision type No of accidents Persons killed Persons injured
87068 24170 98452
Head on Collision
(18.7) (16.3) (20.9)
77540 22446 83287
Hit from Back
(IM. (15.2) (17.7)
65186 25866 59544
Hit & Run
am (17.5) (12.6)
62344 18886 54090
Pedestrian
(13.4) (12.8) (11-5)
•• • 42675; - 12071 • 44247-
Hit from side
(9.2) (8.2) (9AI
30037 9413 32420
Vehicle Overturn
(m (6.4) J691
13209 5191 14976
Run Off Road
(m (3-51 (3.2)
12085 4283 12156
Fixed Object
(2.6) (2.9) (2.6)
7104 2317 . 7432
With Parked Vehicle
(1.5) (L^ (1.6)
3611 1360 3135
With Animal
(0.8) (0^9) ^(0.7)
64051 21910 61238
Others*
(13.8) (14.8) (13.Q)
464910 147913 470975
Note:Figures in parentheses are the percentage shares in the total ofrespective columns.
:* Include other unspecified collisions ês.
Long-riin trends of road accidents in India revealed that road accidents, fatalities • and
injuries peaked during 1980-1990.
Despite some fluctuations, there has been a Subsequently, the growth rates in respect of
clear declining trend in the number of road the number of road accidents and injuries
accidents and the number of persons injured have declined consistently Over the decades
in India from 2010. The fatality numbers and by current decade there has: been a
which showed consistent increase from 2013 decline even in the absolute numbers. The
to 2016 has also recorded a marked decline number of fatality on account of road
in 2017. The decadal growth rates have accidents, however, showed a slightly
8
3?fHqFr
Launch of
Road Safety AwareneisvWw
k
T’,
Ifi
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT & HIGHWAYS
TRANSPORT RESEARCH WING
IDA BUILDING,JAMNAGAR HOUSE,
SHAHJAHAN ROAD, NEW DELHI-!10011
www.morth.nic.in
I• * ’i
97
accounted for the
nil Thp details nresentedin-Table 3.5 above reveals diat “Hit and nm
laigestshareofl9,4%ofthetotalpersonsHledta2019,evenwstemg.^nc^s^^^^ \
(he previous year of2.6%.The MVA 2019 providesfor enhanced■ rates ofRs2,00,000 on
thedeathofavictiminHitandRunasagainstRs25,000earlier. ,
. /
TheeategoryofHitandrunwasfollowedby“miftoinlheBack”aecountingfcrl8.4/.of
thetotal persons killed,followed by“Head on collision”,accounhngfor 17.7/.ofpersons
Hied in 2019.A hit fiom the back or a rear-end coUision occurs when a vehicle crashK
So to one in front of it. Cotumon factors contributing to rear-^d collisions inclu^
drivers inattention or distraction, tailgating(back to back)atjunctions, panic stops,
reducedtractionduetowetweatherorwora pavement.
Head-on collisions are known to occur on roads with nhrrow tones shatp ei^ô
separationoflanesfortobpposingtrafficandhighvolumesofttafrte.No.™lly,to^s
withthegteatesttiskofhead-oncollisionarebusyshigleâmagewayroa,toouto.de,Âm
areas where speeds are highest. The greatest risk reducuon m tenns ofhead-on cdte on
comes throng to separation of oncoming traffic, through ot msertion of a median
separation. ^
other categories like“Run”offthe Road could happendue to loss ofcontrol^to tova

due to excessive or inappropriate speed, distraction, misjudging a curve, attemptmg to
avoid colliding,with anotherroad user or an animal.
The category which registered the maximum increase in terms ofpersons Mlled m 2019
was collLn with “fixed objects”. Intheyear.2019,in te^s ofpersons killed the.most
significant decrease wasin the categoi-y“Head on collision”(-9.7%).
> 3.4 - ROAD ACCIDENTSBYAGEPROFILE OFFATALVICTIMS
3.4-.1 The age profile of accident related deaths during the yeai's 2017 to 2019 are presented in
Table 3.6 below:
Table 3.6: Age profile of road accident related deaths during 2017 to 2019
Number of Persons killed %-age change in %-age change in
Age-group 2018 over 2017 . 2019 over 2018
2017 2018 2019
6.05 11.94
9,408 9,977 . 11,168
Less than 18
% Share in total 6.4 6.6 7.4 c;.
-4.28 1.31
34,244 32,777 . 33,206
18-25
23.2 21.6 22.0
% Share in total
1.04 -2.34
39,549 39,960 39,023
25.35
26.7 26.4 25.8
% Share in total
ContiL.
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98
, It will be seen from above that during the calendar year 2019,two wheelers accounted for the
highest share of37 per cent ofthe total persons killed followed &pedestrian(17%)followed by
car/jeep/van/taxi(16 %).Accordingly, helmet wearing has been made mandatoiy and increased
penalties imposed for violation ofthis provision in the Amended Motor Vehicle Act passed by the
Parliament in 2019.
3.2.9 As far as accident related killings by crime vehicle are concerned, it will be seen from
Table 3.4 above that during the calendar year 2019, two wheelers as well as
car/jeep/van/taxi accounted for the highest share of24 per cent each ofthe total persons
killedfollowed by Trucks/Lorries pf21% and Buses of10%,
3.3 ROAD ACCIDENTS BYTYPE OFCOLLISION:
3.3.1, The details of accidents, person killed and injured, classified according to Type,of ,
collision for the year 2018 and 2019 are summarized in Table 3.5. The State wise details
for the year2019 are at Annexure 20.
Table 3.5: Road accidents by type of collision- 2019 vis-a-vis 2018
2018 2019 % change in 2019 over 2018

Type.of.
collision No of Persons Persons No of Persons Persons No of Persons Persons
accidents killed injured accidents killed injured accidents killed injured.
.Hit and
69,822 28,619 61,988 69,621 29,354 61,751 -0.3 2.6 -0.4
Run
% share 14.9 18.9 13.2 15.5 19.4 13.7
With
parked . 13,565 4,780 12,895 13,317 , 5,086 12,652 -1.8 6.4 -1.9
Vehicle
% share 2.9' 3.2 2.7 3.0 3,4 ■ ■ 2.8
Hit from
88,765 25,801 89,386 89,923 27,765 90,430 1.3 7.6 1.2
Back
% share 19.0 17.0 19.0 20.0 18.4. 20.0
Hit from
58,774 15,477 59,754 57,987 ' 16,342 58,728 -1.3 5.6 -1.7
side
% share .. . 12.6 10.2 12.7 12.9 10.8 13.0
Run of
; 19,319 7;731 21,328 19,055 8,419’ 19,321 -1.4 .8.9 -9.4
Road
% share . 4.1 5.1 4.5 4.2 5.6 4.3
Fixed
13,924 4,623 14,259 14,507 5,739 14,227 4.2 24.1 -0.2
object
% share 3.0 3.1 3.0 3.2- 3.8 3.2
Vehicle
25,619 9,548 28,410 23,314 9,011 26,002 -9.0 -5.6 .• -8,5
overturn
% share ■ 5.5 ■ 6.3 6.1 5.2 6.0 5.8
Head on
97,816 29,646 1,05,757 • 87,452 26,772 97,349 -10.6 -9.7 -8.0
collision
% share 20.9 19.6 22.5 19.5 17.7 21.6
Others* 79,440 25,192 75,641 73,826 22,625 70,901 -7.1 -10.2 -6.3
% share 17.0 16.6 16.1 16.4 15.0 15.7
Total I 4,67,044 1,51,417 4,69,418 4,49,002 1,51,113 4,51,361 ,-3.9 -0.2 -3.8
{*)Includes unspecified collisions types
4#
99
ofthe road accident victims. Good Samaritan guidelines The MV AmendmentAct2019 to
help road accident victims, Good Samaritan guidelines have been incorporated. The
Amendment defines and protects Good Samaritans who voluntarily, in good faith and
without expecting a reward, render emergency medical or non-medical assistance to a
victim atthe scene ofan accident or transports the victim to a hospital.
d) Compensation payable to road accident victims -The minimum compensation for hit
and run cases has been increased in case ofdeath from Rs 25,000 to Rs. 2,00,000 and for
grievous injury from Rs 12,500 to Rs 50,000. The Centre is empowered to make a scheme
for providing interim reliefto claimants seeking compensation imder third party insurance.
The compensation in case ofdeath or grievous hurt arising due to use ofvehicles, has been
fixed at Rs. 5,00,000 for death and Rs.2,50,000 for grievous hurt. Claim process has been ,
simplified.Insurance firms have to pay claims within a month,ifthe victim's family agree
to accept Rs5 lakli compensation.
e) Drivers and Co-driver/helper(s) have been included as third parties, for the purpose of
insurance.
f) Central Governmentis empowered to prescribe the minimum premium and corresponding

liability for third party insurances.
The.central government will also make a scherne for providing interim reliefto claimants
seeking compensation under third party insurance. The MY Amendment Act, 2019
increases the minimum compensation for hit and run cases as follows:(i)in case ofdeath,
from Rs 25,000 to two lakh rupees,and(ii)in case ofgrieyous injury,from Rs 12,500 to Rs
50,000.; . • . "
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\
\
^ÂTURE OFROAD ACCIDENTS
V'
1.12. Nature of accident or collision types at 'hit froin side' (11.9 %)

. The Motor
aggregate national level data show Vehicle Amendment Act 2019 provides
increase in 2021 compared to 2020.'Hit for enhanced rates of Rs. 2, 00,000 on
from Back'(21.2%) accounted for the the death of a victim in Hit and Run as
largest share in total accidents and total against Rs 25,000 earlier. A hit from the
number ofpersons killed(18.6%)during back or a rear-end collision occurs when
99
2021 followed by “Head on Collision a vehicle crashes into the one in front of
(18.5%) and (1-7.7%) respectively. it. Common factors contributing to rear-

Head-on collisions are knoAvn to occur end collisions include driver's lack of
on roads with narrow lanes, sharp attention or distraction, tailgating (back

curves, unseparated lanes for two-way . to back) at junctions, panic stops and
traffic and also busy stretches. reduced traction due to wet weather or ,
Normally, die roads with the greatest worn pavement.
risk ofhead-on collision are busy single 1.14. Other categories like“Run”offthe Road
carriageway roads outside urban areas could happen due to loss of control by
where speeds are highest. The greatest
1
the driver due to excessive or
risk reduction in terms of head-on inappropriate' speed, distraction;,
collision comes through the inseition of misjudging a curve, attempting to avoid
a median separation collision with another road user or an
1.13. The,other major types ofcollision which animal.
caused death are'hit«& run'(16.8%),and

Table 1.5: Road Accidents by type of collision- 2021 vis-a-vis 2020
r
jj. . • ■ . . :j
i- n
% changuin2021 over i
z**
I
2021
:.
J .i 2020
=iiype"of collision ■ 1 '}
3r
Accidents ; KilkdMlIniuitd
•m 1 it }
, Accidents ; Killed , Iniiirt'd Ac Vciiiitjits Kilkd h.;urLd

i
li
-Hit and Rim- 52.448 23 159 43,789 - 57 415 25 938 » 45,15'5 95
f
• {
£ I ti; ;
"4 14;3 i
.17.6 12;6-'' 13.9.-. 1 .K>:N »•
t.
4
r
t
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1
r
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With parked Vehicle;^ ..-HiOgO' 4.243 10.429 11.611 4,925 10.302 46 I6.'l Ui-
I t 1 f t
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)
I..;*.
% sliiifC,’ i'
!'
32 2.9 ID
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32'i 27
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Hit Iron* Back 7^ 0^9' 22,989 70,^^88 87,368 28-,7r2 81,800' 19 6 24,9'; ■ 15.61
nil t
li •s :-rir
iV
19,9 17 5 ' 20 3 212
it;-: 1
r-
i . Hit irotn side . 48,010 14 271 46 888 60 221 18,299 59,396 25 1 28 2 26.7
in.8'-r •13.5;: 14.6 I'" n,9 '15.4|[ :* ■ v3Flf *■•11

**.•
•'7.
f-..
h ■ % share.'. 513;I- 1
11
it ;1
[ ; I
I
Run oif Road*' - 18,210 7.782 ■ 17.885 19,478 9,150 19,077 70 17.6 - -6.7!
v h
/■ -}
.•-%‘%liaie , . 50. '. / 5'9 ' • s! i 4'. 7 5.9 :r' 5.0 ,1
i
table contd.,.
Note: The Data for the years 2017,2018,2019 and 2020 of Tamil Nadu is undergoing revisioiu
e
A*
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'14'
GOVE OF INDIA
MINISTRY OF ROAD TRANSPORT AND fflGHWAYS I
RAJYASABHA I y
H.
\ UNSTARRED QUESTION NO-2466 AnneXUm A
ANSWERED ON-:22/03/2023 ^ — — W ’
srii
COMPULSORY INSURANCE COVER FOR DEATHS ON NHS
2466. DR.ASHOK BAJPAI:

■ A' .
, Will the MINISTER OF ROAD TRANSPORT AND HIGHWAYS'be pleased to state:

(a)whe&er Government plans to extend compulsory insurance to cover all deaths on National Highways
by charging additional amoirnt similar to the roadway buses,trains and mr flights;
(b)the number of persons killed in ‘hit-and-run accidents’ and other accidents on National Hi^ways in
the lastfive years; and
'(c)amotmt ofconipensatipn payable for deaths in such hit and run accidents?
. ' ■ ANSWER ‘ ■
THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS

' . I . ■
(SHRINITINJAIRAM GADKARI)
(a)No such proposal is under consideration in this Mimshy..

■1
of hit and run on all roads m country 4
during the period from 2017 to 2021 are given in table below: ..•I
Type of Collision 2017 2018 2019 2020 2021
Hit and Run 25;866 28,619 29,354 23,159 25,938 .
Total number of Road Accidents and persons killed on National Highways (including Expressways) in
the country during the last five calendar years i.e. 2017 to 2021 are given in the table below:
Year Total Road Accidents on National Total Persons killed on National Hi^ways
Highways (Including Hit and Run cases). (Including Hit and Run cases)
2017 1,41,466 53,181
2018 1,40,843. 54,046
2019 1,37,191 53,872
2020 1,16,496 47,984
2021 1,28,825 56,007
(c) Ministry, vide GSR 163(E) dated 25.02,2022, has notified the Compensation to Victims of Hit and i
Run Motor Accidents Scheme, 2022. It provides for increased compensation to victims of lut-and-run
accidents, Rs. 50,000 (in case of grievous injury) and Rs. 2,00,00.0 (in case of death) including detailed
procedure for availing this compensation. I
103 Annexure A-8
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS /■
LOK SABHA
STARRED QUESTION NO. 240
ANSWERED ON 16™ MARCH, 2023
COMPENSATION TO VICTIMS OF ROAD ACCIDENT
*240. SHRI ANUBHAV MOHANTY:
Will the Minister of ROAD TRANSPORT AND HIGHWAYS
be pleased to state:
(a) whether the Government has any provision to pay compensation to the
road accident victims of hit-and-run cases and if so, the details thereof; and
(b) the number of such cases registered during the last five years and the
current year along with the amount disbursed as compensation to the
accident victims of the hit-and-run cases during the said period?
ANSWER
THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS
(SHRI NITIN JAIRAM GADKARI)
(a) to (b) A statement is laid on the Table of the House.

104
STATEMENT REFERRED TO IN REPLY TO PARTS (a) AND (b) OF THE LOK
\SABHA STARRED QUESTION NO. 240 ANSWERED ON 16.03.2023 ASKED
BY SHRI ANUBHAV MOHANTY REGARDING COMPENSATION TO VICTIMS
OF ROAD ACCIDENT
(a) Ministry, vide G.S.R. 163(E) dated 25.02.2022, has notified the
Compensation to Victims of Hit and Run Motor Accidents Scheme,2022.
It provides for increased compensation to victims of hit-and-run
accidents, Rs.50,000(in case of grievous injury) and Rs. 2,00,000(in case
of death) including detailed procedure for availing this compensation.
(b)The number of such cases registered'during the iast five years and the
current year along with the amount disbursed as compensation to the
accident victims of the hit-and-run cases during the said period are as
foilows:
p022-23
(upto
2017-18 2018-19 2019-20 2020-21 2021-22
February,
2023)
No. of Deaths 657 643 615 562 660 72
No. of
595 590 366 157 113 6
Injuries
Totai no. of
1252 1233 981 719 773 78
ciaims paid
Total amount
paid (in 238.62 234.54 199.52 162.90 184.60 147
iakhs)
*****
105 Annxure A-9
THE MOTOR VEHICLES ACT, 1988
ARRANGEMENT OF SECTIONS
\
CHAPTER I
Preliminary
Sections
I. Short title, extent and commencement.
2. Definitions.
' CHAPTER II
Licensing of drivers of motor vehicles ■
3. Necessity for driving licence.
4. Age limit in connection with driving of motor vehicles.
5. Responsibility ofowners of motor yehicles for contravention ofsections 3 and 4.
6. Restrictions on the holding of driving licences.^
7. Restrictions on the granting of learner’s licences for certain vehicles.
8. Grant of learner’s licence.
9. Grant of driving licence. '
10. Form and contents of licences to drive.
11. Additions to driving licence. ,
12. Licensing and regulation ofschools or establishments for imparting instruction in driving of
motor vehicles..
13. Extent ofeffectiveness of licences, to drive motor vehicles.
14. Cmrency of licences to drive motor vehicles.
15. Renewal of driving licences.
16. Revocation of driving licence on grounds of disease or disability.
17. Orders refusing or revoking driving licences and appeals tlierefrom.
18. Driving Licences to drive motor vehicles, belonging to the Central Government.
19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence.
20. Power of Court to disqualify.
21. Suspension of driving licence in certain cases.
. 22. Suspension or cancellation of driving licence on conviction.
23. Effect of disqualification order.
24., Endorsement.
25. Transfer of endorsement and issue of driving licence free fi-om endorsement,
y 26. Maintenance of State Registers of Driving Licences.
27. Power of Central Government to make rules.
28. Power of State Government to make rules.
CHAPTER m
Licensing of conductors of stage carriages
29. Necessity for conductor’s licence.
30. Grant of conductor’s licence.
1
106
and the policy described in the certificate in his favour and the insurer shall make the necessary changes
in the certificate and the policy ofinsurance in regard to the transfer ofinsurance. - »
158. Production of certain certiiScates, licence and permit in certain cases.—(i) 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 ofinsurance;
(fc)the certificate ofregistration;
- (c)the driving licence; aind
(iO in the case ofa transport vehicle, also the certificate offitness referred to in section 56 and the
. permit^ relating to the use ofthe vehicle.
(2)If, where owing to the presence of a motor vehicle in a public place an accident occurs involving
death or bodily injury, to another person, the driver of the vehicle,does not at the time^produce-the
certifiers, driving licence and permit referred to in sub-section (7)to a police officer, he sÛ produce
the said certificates, licence and permit at the police station at which he mês the report required by
sectionl34, - •
(3)No pCTSon shall be liable to conviction under sub-section (7) of sub-section(2)by reason only of
the failure to produce the certificate of insurance if, within seven days ffoni the date on which its
production was required under sub-section (7), or as the case may be, jBroni the date of occurrence of the
accident, he produces the certificate at such police station as may have been specified by him to the police
officer who required its production or, as the case may be, to the police ofBcef at the site of the accident .,
or to the officer in charge ofthe police station at which he reported the accident: ■ . • ..
Ptovided that except to such ejrtent and with such modifications as may be prescribed, the provisions
ofthis sub-section shall not apply to the driver ofa transport vehicle.
(4)The bwner ofa motor vehicle shall give such information as he may be required by or on behalfof
a police officer empowered in this behalf by the State Government tb give for the purpose of determining
whether the vehicle was or was not being driven in contravention of section 146 and on any occasion
when the driver was required under this section to produce his certificate ofinsurance.
(5) In this section, Ae expression “produce his certificate of insurance” means produce for.
examinatioii the relevant certificate of insurance or such other evidence as may be prescribed that the.
vehicle was not being driven in contravention ofsection 146.
‘[(6) As soon as any information regarding any accident involving death or bodily injury to any
person is recorded or report under this section is completed by a police officer, the officer iricharge of the
police station shall forward a copy of the same within thirty days fi'om the date of recording of
information or, as the case may be, on completion of such report to the Claims Tribunal having
jurisdiction and a copy thereofto the concerned insurer, and where a copy is made available to the owner,
he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and
Insurer.]
159.Production of certificate of Insurance on application for authority to use vehicle.—Â State
Government may make rules requiring tiie-owner of any motor vehicle when applying whether by
payment of a tax or otherwise for authority to use the vehicle in a public place to produce such evidence ■
as may be prescribed by those rules to the effect that either—
(fl) on the date when the authority to use the vehicle comes into operation there will be in force
the necessary policy of insurance in relation to the use of the vehicle by the applicant or by other
persons on his order or with his permission, or
(fc)the vehicle is a vehicle to which section 146 does not apply;
1. Subs, by Act 54 of 1994, s. 49,for sub-section (6)(w.e.f. 14-11-1994).
81 ■
107
160. Duty to furnish particulars of vehicle involved in accident.—A registering authority or the
oificer in charge ofa 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 authority or the said police officer relating to the identification marks ^d other
particulars ofthe vehicle and the name and address ofthe 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.
161. Special provisions as to compensation in case of hit and run motor accident.—(7) For the
purposes ofthis section, section 162 and section 163— ’
(a)“grievous hurt” shall have the same meaning as in the Indiail Penal Code(45 of 1860);
(b)“hit and run motor accident” means an accident arising out of the use of a motor vehicle or
motor vehicles the identity whereof caimot be ascertained in spite of reasonable efforts for the
purpose;
(c)“scheme” means the scheme framed under section 163.

(2) Notwithstanding anything contained in the General Insurance Business (Nationalisation) Act,
1972(57 of 1972)or any other law for the time being in force or any instrument having the force of law,
the General Insurance Corporation of India formed under section 9 of the said Act and the insurance
companies for the time being canying on general insurance business ift India shall provide for paying in
accordance with the provisions of this Act and the scheme, compensation in respect of the death of, or
grievous hurt to, persons resulting from hit and run motor accidents.
(3)Subject to the provisions ofthis Act and the scheme,there shall be paid as compensation.^
(a)in respect ofthe death of any person resulting from a hit and run motor accident, a fixed sum
of'[twenty-five thousand rupees];
(5)in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed
sum of^[twelve thousand and five hundred rupees].
(4) The provisions of sub-section (7) of section 166 shall apply for the purpose of making
applications for compensation under this section as they apply for the purpose of making applications for
compensatioh referred to in that sub-section.
162.. Refund in certain cases of compensation paid under section 161.—(7) The payment of
compensation in respect ofthe death of, or grievous hurt to, any person under section 161 shall be subject
to the condition that if any compensation (hereafter in tlus sub-section referred to as the other
compensation)or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded
or paid in respect of such death or grievous hurt under any other provision ofthis Act or any other law or
otherwise so much of the other compensation or other amount aforesaid as is equal to the-compensation
paid under section 161 shall be refunded to the insurer.
(2) Before awarding compensation,in respect of an accident involving the death of, or bodily injury
to, any person arising out ofthe use of a motor vehicle or motor vehicles under any provision ofthis Act
(other than section 161) or any other law, the fribunal, court or other authority awarding such
compensation shall verify as to whether in respect of such death or bodily injury compensation has
already been paid under section 161 or an application for payment of compensation is pending under that
section, and such tribunal, court or other authority shall,—
(a) if compensation has already been paid under section 161, direct the person liable to pay the
Compensation awarded by it to refund to the insurer, so much thereof as is required to be refunded in
accordance with the provisions ofsub-section (7); ,
1. Subs. by. Act 54 of 1994, s. 50,'.for “eight thousand and five hundred rupees”(w.e.f. 14-11-1994).
2. Subs, by s, 50, ibid., for “two thousand rupees”(w.e.f. 14-11-1994).
82
108
(b) if an application for payment of compensation is pending under section 161 forward the
particulars as to the compensation awarded by it to the insurer.
Explanation.—^For the purposes of this sub-section, an application for compensation under section
161 shall be deemed to be pending—
(i)if such application has been rejected, till the date ofthe rejection ofthe application, and
(«)in any other case, till the date of payment of compensation in pursuance ofthe application.
163. Scheme for payment of compensation in case of hit and run motor accidents.—^(i) The
Central Government may, by notification in the Official Gazette, make a scheme specifying, the mannet
in which the scheme shall be administered by the General Insurance Corporation, the form, manner and
the time within which applications for compensation may be made, the officers or authorities to whom
such applications may be made, the procedure to be followed by such officers of authorities for
considering and passing orders On such applications, and all other matters connected with, or incidental
to, the administration ofthe scheme and the payment of compensation.
(2)A scheme made under sub-section(7)may provide that— .
(a)a contravention ofany provision thereof shall be punishable with imprisonment for such term
as may be specified but in no: case exceeding three months, or with fine which may extend to such
amount as may be specified but in no case exceeding five hundred rupees or with both;
(b) the powers, functions or duties conferred or imposed on any officer or authority by such
scheme may be delegated with the prior approval in writing of the Central Government, by such
officer or authority to any other officer or authority;
(c) any provision of such scheme may operate with retrospective effect from a date not earlier
than the date of establishment of the Solatium Fund under the Motor Vehicles Act, 1939(4 of 1939),
as it stood immediately before the commencement ofthis Act:
Provided that no such retrospective effect shall be given so as to prejudicially affect the interests
of any person who may be governed by such provision. '
1
[163A. Special provisions as to payment of compensation on structured formula basis.—
(i) Notwithstanding anything contained in this Act or in any other law for the time being in force or
instrument having the force oflaw, die owner of the motor vehicle ofthe authorised insurer shall be liable
to pay in the case of death or permanent disablement due to accident arising out of the use of motor
vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case
may be.
Explanation.—For the purposes of this sub-section, “permanent disability” shall have the same
meaning and extent as in the Workmen’s Compensation Act, 1923(8 of 1923).
(2)In any claim for compensation under sub-section (i),the claimant shall not be required to plead or
establish that the death or permanent disablement in respect of vyhich the claim has been made was due ,to
any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other
person.
(3) The Central Government may, keeping in view the cost of living by notification in the Official ,
Gazette,from time to time amend the Second Schedule. •
163B. Option to file claim in certain cases.— Where a person is entitled to claim compensation
under section 140 and section 163A,he shall file the claim under either ofthe said sections and not under
. both.]
164. Power of Central Government to make rules.—(7) The Central Government may make rules
for the purpose of carrying into effect the provisions of this Chapter, other than the matters specified in '
section 159.
1. Ins. by Act 54 of 1994, s. 51 (w.e.f. 14-11-1994).
83

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IA No. 71387 of 2023 in WP (C) No. 295 of 2012 (S. Rajaseekaran v. UOI) Hit and Run

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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION(CIVIL)No. 295 OF 2012

IN THE MATTER OF:

Union ofIndia & Ors Respondents

AND IN THE MATTER OF:

Kishan Chand Jain Applieant

APPLICATION ON BEHALF OF THE APPLICANT

ADVOCATE FOR THE APPLICANT: E.C. AGRAWALA

1. I.A. No. 2023

Application on behalf of the Applicant/Intervener seeking i-3

True copy of Motor Vehicles (Amendment) Act, 2019 dt. 34-78

Accident Scheme,’2022 dt. 25.02,2022 and w.e.f. 01.04.2022

True copy of the Motor Vehicles (Motor Vehicle Amendment 87-92

Fund)Rules,;2022 dt. 25.02.2022 and w.e.f. 01.04.2022

True copies of the relevant extracts of Road Accidents in India 93-101

True copy of answer dt. 22.03.2023 of Unstarred Question No. 102

2466 given in Rajya Sabha.

True copy ofanswer dt. 16.03.2023 ofStarred Question No.240 103-104

True copy of relevant extracts of MV Act, 1988 (before 2019 105-108

IN THE SUPREME COURT OF INDIA

WRIT PETITION(C)No. 295 OF 2012

IN THE MATTER OF:

S. RajaseekaranNo. 13, Second Street,

Union ofIndia and Ors. ....Respondents

Application on behalf of applicant seeking intervention

The Hon’ble Chief Justice of India and

The Humble Application of

MOST RESPECTFULLY SHOWETH:

1. That the above writ petition is pending consideration before this

2 That vide the accompanying application, the applicant has craved

3. That in the public cause, sought to be espoused herein, the

5. That, accordingly, in,the light of the detailed facts in the

before this Hon’ble Court.

6. That, in case, the present application is not allowed, the public

7. That the present application is bonafide.

In view ofthe facts and circumstances explained herein above,the

a) Allow the applicant to intervene in Writ Petition (Civil) No. 295

Place: New Delhi

IN THE SUPREME COURT OF INDIA

WRIT PETITION(C)No. 295 OF 2012

S. Rajaseekaran No. 13, Second Street,

Union ofIndia and Ors. ....Respondents

APPLICATION FOR DIRECTIONS

The Hon’ble Chief Justice of India and

The Humble Application of

1. This lA raises a humanitarian issue concerning lacs ofthe victims

victims/their legal representatives could get compensation despite

2 That the above writ petition is pending eonsideration before this

3. That the applieant herein is a senior eitizen, being 68 years old,

4. That the applicant has,moved lA No. 33035 of 2021 in this writ

5. That in, the public cause regarding failure of the Government

6. That the Motor Vehicles Act, 1988(“MV Act”) was enacted in

8. That the expression "hit and run motor accident' is statutorily

9. That the Central Government made a scheme for the payment of

10. That as per the provisions of S. 163 of the MV Act, the

11. That,thereafter, the MV Act was extensively ainended in the year

12 That the provisions of S. 161 to 163 of the MV Act (as were

Annexure A-3(at pg. 79).

13. That S. 163 (as amended) of the MV Act envisaged enhanced

SI. Particulars Prior to 2019 As per 2019

14. That, notably, the Central Government made another scheme to

(Motor Vehicle Accident Fund)Rules, 2022 on 25.02.2022 in the

true copy is annexed hereto as Annexure A-5 (at pg. 87 to 92).