MOTOR VEHICLE ACT, 1988

 The Motor Vehicle Act,1988 is a legislation that deals with all the
matters concerning road transport vehicles, traffic safety and
reduction in number of road accidents.
 It replaced the Motor Vehicle Act, 1939and came into existence on
July1, 1989.
 The act talks in detail about registration of motor vehicles, licensing
to drivers, insurance of vehicles, issue of permits to control vehicles,
traffic regulation, liability in case of accidents, offences, penalties
etc.
 It makes it mandatory for the owner to get his vehicle insured
against third party risks
DEFINITIONS

According to section 20 of MVA,1988 ;

 "motor vehicle" or "vehicle" means any mechanically propelled
vehicle adapted for use upon roads whether the power propulsion
is transmitted thereto from an external or internal source.
 "owner" means a person in whose name a motor vehicle stands
registered, and where such person is a minor, the guardian of such
minor, and in relation to a motor vehicle which is the subject of a
hire-purchase, agreement, or an agreement of lease or an agreement
of hypothecation, the person in possession of the
vehicle under that agreement
THIRD PARTY RISKS

 It is compulsory under the Motor Vehicle Act to get third party

insurance done because incase of an accident, if owner is unable to
pay damages to the plaintiff then he can claim compensation from
the insurance company.
 Section 147 of the act states the classes of person to whom the
insurer is liable.
 It is necessary that the injury to the person should be arising out of
use of vehicle in public place.
 Insurance covers the risks related to third party and not the owner or
the pillion rider of a two wheeler.
 The owner of vehicle can claim compensation only if a personal
accident insurance is there.
CLAIM TRIBUNALS

 Section 165(1) states A State Government may, by

notification in the Official Gazette, constitute one
or more Motor Accidents Claims Tribunals
(known as Claims Tribunal)
 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.
 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.
MEMBERS OF TRIBUNAL

 Section 165(3) mentions about the members of tribunal.

It states;
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.
OBJECTIVE OF TRIBUNAL

 Section 165(1) clearly states that the Claims Tribunal have

been set up for the purpose
of adjudicating upon claims for compensation
i. in respect of accidents involving the death of, or bodily
injury to persons arising out of the use of motor vehicles,
or
ii. damages to any property of a third party so arising, or
iii. both.”

 In simple words, it is for the settlement of all the claims

arising out of motor vehicle accidents.
JURISDICTION OF TRIBUNAL
 The Claims Tribunal set up under MVA, 1988 is a Civil Court with
limited jurisdiction
 Section 169(2)states “ The Claims Tribunal shall have all
the powers of a Civil Court for the purpose of taking evidence on
oath and of enforcing the attendance of witnesses and of compelling
the discovery and production of documents and material objects
and for such other purposes as may be prescribed”
 It is not Court of Record , i.e. its proceedings are not recorded as fact
of evidence.
 Permanent Lok Adalats have no jurisdiction in cases of motor
accident claims.
 Aggrieved can appeal against the verdict of tribunal in the High
Court within ninety days but no appeal would be entertained if the
amount in dispute is less than rupees ten thousand