Section 163 in Motor Vehicles Act

Title: Scheme for payment of compensation in case of hit and run motor accidents

Description: (1) 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 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 or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation. (2) A scheme made under sub-section (1) may provide that (a) a contravention of any 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 of this 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

Title: Special provisions as to payment of compensation on structured formula basis

Description: 1 [163A. Special provisions as to payment of compensation on structured formula basis.--(1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the 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 (1), the claimant shall not be required to plead or establish that the death or permanent disablement 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 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.] 1. Ins. by Act 54 of 1994, s. 51 (w.e.f. 14-11-1994).

Title: Option to file claim in certain cases

Description: 1[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 of the said sections and not under both.] 1. Ins. by Act 54 of 1994, s. 51 (w.e.f. 14-11-1994)

Title: Power of Central Government to make rules

Description: (1) 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. (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; (b) the making of applications for and the issue of certificates of insurance; (c) the issue of duplicates to replace certificates of insurance 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 of insurance issued under this Chapter; (f) 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; (i) the form in which and the time limit within which the particulars referred to in section 160 may be furnished; and (j) any other matter which is to be, or may be, prescribed.

Title: Claims Tribunals

Description: (1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. Explanation.--For the removal of doubts, it is hereby declared that the expression "claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles" includes claims for compensation under section 140 1 [and section 163A]. (2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof. (3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he-- (a) is, or has been, a Judge of a High Court, or (b) is, or has been, a District Judge, or (c) is qualified for appointment as a Judge of a High Court 1 [or as a District Judge]. (4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them 1. Added by Act 54 of 1994, s. 52 (w.e.f. 14-11-1994).

CHAPTER 11 INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS