Section 159. Information to be given regarding accident.

What information must be provided regarding an accident under Section 159 of the Motor Vehicles Act?

According to Section 159:

• 1. Accident Information Report: Following an accident, a police officer conducting the investigation must prepare an Accident Information Report.


• 2. Purpose: This report is crucial for facilitating the settlement of claims related to the accident.


• 3. Requirements: It must be prepared within three months of the accident, in the prescribed form and manner.


• 4. Submission: The completed report is submitted to the Claims Tribunal and any other designated agency as prescribed by law.

What is the duty under Section 160 of the Motor Vehicles Act regarding furnishing particulars of a vehicle involved in an accident?

Section 160 imposes specific obligations:

• Request Requirement: A registering authority or the officer-in-charge of a police station must furnish information if requested by:


• A person claiming compensation due to an accident involving a motor vehicle.
• An insurer against whom a claim has been made regarding a motor vehicle.


• Information Provided: This includes identification marks, vehicle particulars, and details about the person using the vehicle during the accident.


• Fee: The requesting party must pay a prescribed fee for accessing this information.


• Prescribed Form and Time: The Central Government mandates the format and timeline within which this information must be provided.

What are the special provisions under Section 161 of the Motor Vehicles Act regarding compensation for hit and run motor accidents?

Section 161 Motor Vehicles Act outlines specific provisions:

• Compensation Provision:


• Death: In the event of death resulting from a hit and run motor accident, a fixed sum of two lakh rupees or a higher amount prescribed by the Central Government shall be paid as compensation.


• Grievous Hurt: For grievous injuries resulting from such accidents, a fixed sum of fifty thousand rupees or a higher amount as prescribed shall be paid.


• Scheme Administration:


• Central Government Scheme: The Central Government is empowered to establish a scheme through notification in the Official Gazette.


• Scheme Details: This scheme governs the administration of compensation, specifying:
  • Administration by the Central Government or the General Insurance Council.
  • Application procedures, including forms, deadlines, and designated authorities.
  • Procedure for processing applications and issuing compensation orders.
  • Other incidental matters related to scheme administration and compensation disbursement.

What does Section 162 of the Motor Vehicles Act entail regarding the Scheme for golden hour?

Section 162 outlines the following key provisions:

• Responsibility of Insurance Companies:


• General Insurance Business: Insurance companies operating in India under the provisions of the Motor Vehicles Act are mandated to participate.


• Treatment of Accident Victims: The scheme requires insurance companies to provide for the treatment of road accident victims, specifically during the critical period known as the golden hour.


• Scheme Establishment:


• Central Government’s Role: The Central Government is tasked with creating a comprehensive scheme.


• Objective: The scheme focuses on ensuring cashless treatment for accident victims during the golden hour, emphasizing the critical need for immediate medical attention.

What is Section 163 regarding refund of compensation under Indian law?

Section 163 of the Motor Vehicles Act stipulates conditions for refunding compensation paid under Section 161 in cases of death or grievous injury. It mandates that if additional compensation is awarded under other provisions of the Act or any other law, an equivalent amount to what was paid under Section 161 must be refunded to the insurer.

• When does Section 163 of the Motor Vehicles Act require a refund of compensation?


• Section 163 requires a refund of compensation paid under Section 161 when additional compensation is awarded for the same death or grievous injury under different provisions of the Act or any other existing law.


• Who is responsible for ensuring compliance with Section 163 of the Motor Vehicles Act?


• The Claims Tribunal, court, or relevant authority responsible for awarding compensation in motor vehicle accident cases is tasked with verifying whether compensation has already been paid under Section 161. If so, they ensure that the liable party refunds the corresponding amount to the insurer.


• What happens if compensation under Section 161 has already been paid when additional compensation is awarded?


• In such cases, the entity awarding additional compensation directs the liable party to refund an amount equal to what was paid under Section 161 to the insurer, ensuring compliance with Section 163 of the Motor Vehicles Act.

What does Section 164 of the Motor Vehicles Act stipulate regarding compensation for death or grievous hurt?

Section 164 mandates that in cases of death or grievous hurt resulting from a motor vehicle accident, the owner of the vehicle or the authorized insurer is liable to pay compensation. The amount is fixed at five lakh rupees for death and two and a half lakh rupees for grievous hurt to the legal heirs or the victim, respectively.

Is it necessary to prove negligence to claim compensation under Section 164 of the Motor Vehicles Act?

No, under Section 164(2), the claimant is not required to prove any wrongful act, neglect, or default by the owner of the vehicle or any other person to claim compensation for death or grievous hurt arising from a motor vehicle accident.

How does compensation paid under other laws affect the compensation under Section 164 of the Motor Vehicles Act?

Section 164(3) specifies that if compensation has already been paid under any other existing law for death or grievous hurt due to a motor vehicle accident, the amount of compensation payable under Section 164 shall be reduced by the amount already paid.

What is the significance of the compensation amounts specified in Section 164 of the Motor Vehicles Act?

Section 164 sets forth specific compensation amounts—five lakh rupees for death and two and a half lakh rupees for grievous hurt—as mandatory payments by the owner of the motor vehicle or the insurer in cases of fatal accidents or severe injuries resulting from motor vehicle use.

What is Section 164A of the Motor Vehicles Act regarding interim relief for claimants?

Section 164A empowers the Central Government to create schemes providing interim relief to claimants seeking compensation under this Chapter of the Motor Vehicles Act.

Who can benefit from the schemes created under Section 164A?

Claimants who are seeking compensation under the provisions of the Motor Vehicles Act can benefit from the interim relief schemes established under Section 164A.

What does a scheme under Section 164A include besides interim relief?

A scheme formulated under Section 164A not only offers interim relief to claimants but also outlines procedures for recovering disbursed funds from the owner of the motor vehicle responsible for the accident, or from other prescribed sources as determined by the Central Government.

How does Section 164A impact the process of seeking compensation for motor vehicle accidents?

Section 164A enhances the accessibility of immediate financial support for claimants awaiting compensation under the Motor Vehicles Act, thereby streamlining the process and ensuring timely relief.

What is the Motor Vehicle Accident Fund under Section 164B of the Motor Vehicles Act?

Section 164B establishes the Motor Vehicle Accident Fund, mandated by the Central Government. This fund is funded through notified payments, grants, balances from previous schemes under Section 163, and other prescribed sources.

What is the purpose of the Motor Vehicle Accident Fund according to Section 164B?

The Fund is designed to provide compulsory insurance cover to all road users across India, ensuring financial support in case of accidents.

How is the Motor Vehicle Accident Fund utilized?

According to Section 164B(3), the Fund is utilized for treating persons injured in road accidents, compensating representatives of those who die in hit-and-run accidents, compensating persons grievously hurt in such accidents, and as prescribed by the Central Government.

Who manages the Motor Vehicle Accident Fund and how are its accounts maintained?

The Fund is managed by an authority designated by the Central Government, chosen for their expertise in insurance and fund management (Section 164B(6)). Accounts are meticulously maintained, audited annually by the Comptroller and Auditor-General of India, and reports are presented to Parliament (Sections 164B(7)-(10)).

What is Section 164C of the Motor Vehicles Act about?

Section 164C grants the Central Government authority to formulate rules to effectively implement the provisions outlined in this Chapter of the Motor Vehicles Act.

What are some examples of rules that can be established under Section 164C?

Rules under Section 164C may cover various aspects, including:

• 1. Prescribing forms for insurance policies, accident reports, and annual statements for the Motor Vehicle Accident Fund.
• 2. Procedures for issuing and managing certificates of insurance, including replacements for lost or damaged certificates.
• 3. Requirements for insurers regarding policy records and information disclosure.
• 4. Adapting Act provisions for vehicles temporarily in India or from reciprocating countries.

How does Section 164C impact insurance policies under the Motor Vehicles Act?

Section 164C outlines rules regarding the conditions under which insurance policies must be issued, their contents, and administrative procedures related to insurance settlements and liabilities.

Who oversees the implementation of rules created under Section 164C?

The implementation and compliance with rules under Section 164C are overseen by authorities designated by the Central Government, ensuring adherence to specified standards and procedures.

What does Section 164D of the Motor Vehicles Act pertain to?

Section 164D grants authority to the State Government to establish rules for implementing provisions within this Chapter of the Motor Vehicles Act, excluding matters covered under Section 164C.

What specific areas can the State Government create rules for under Section 164D?

Rules under Section 164D may encompass:

• Designating additional authorities as outlined in Section 147(5).
• Addressing any other subject requiring rules or prescriptions within the scope of this Chapter.

Q: How do rules established under Section 164D affect the implementation of the Motor Vehicles Act?

A: Rules formulated under Section 164D help in localizing the implementation of the Motor Vehicles Act, ensuring compliance with regional considerations and enhancing operational efficiency.

Q: Who oversees the enforcement of rules made by the State Government under Section 164D?

A: Enforcement and adherence to rules created under Section 164D are supervised by state-designated authorities, ensuring alignment with both state-specific requirements and overarching national legislation.

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