Intro
Intro
UNIVERSITY, JODHPUR
SESSION:2023-2024
This project is the result of the extensive ultrapure study, hard work and
acts during the course of study. Lastly, I would like to thank the almighty
and my parents for their moral support and my friends with whom I
Thanking You…
[AYUSHI SINGHAL ]
TABLE OF CONTENTS
RESEARCH METHODOLOGY..................................................................6
INTRODUCTION
Vehicle borrowed from Latin vehiculum means "medium'' or agent of
transmission. A vehicle is a machine that transports people or cargo. By
using a vehicle we can cover more distance in less time. It includes
wagons, bicycles, motor vehicles (motorcycles, cars, trucks, buses),
railed vehicles etc. here, we will discuss about motor vehicles and their
act, amendments and Bills. Motor vehicles are a self-propelled vehicle.
In order to give effective rights to the person injured or expire din an
accident, Fatal Accidents Act, 1885 was enacted in India. This Act
provided only a procedure and a right of named legal heirs to claim
compensation from the person committing negligence. This enactment
has worked in India for a comfortable long period.
Because of increase in automation and consequential losses of life and
property in accident, it was considered that to give relief to the victims
of accident claims , an effective law should be brought in.
To facilitate this, provisions have been inserted for compulsory third
party insurance and to provide a machinery of adjudication of claim in
Motor Vehicle Act by amending Act No.110 of 1956, by which Section
93 to 109 with reference to third party insurance and Section 110(A) to
110(F) with reference to creation of Motor Accident Claims Tribunal
and procedure for adjudication of claim has been provided. Initially the
liability was restricted to a particular sum but after 1982 the liability of
the Insurance Company has been made unlimited and even the
defences of the Insurance Companies have been restricted so as to
ensure payment of compensation to third parties. In the year 1982, a
new concept of providing interim compensation on ‘No Fault’ basis
have been introduced by addition of Section 92(A) to 92(E). By the
same amendment, relief has also been given to those persons who
expire by hit and run accidents, where the offending vehicles are not
identified.
motor vehicle act 1988 was passed by the parliament of India, but the
Act came into force from 1 July 1989.This act is responsible for
covering all the aspects that are related to road transport vehicles .
Furthermore, this act provided licensing to the conductors and the
drivers as well as registration of motor vehicles. Also, traffic
regulations, the provision on controlling the permit, penalties, and
liabilities were covered under the motor vehicle act – 1988.
Also, under the motor vehicle act, it is mandatory for a driver to have a
valid driver’s license. Thus, no vehicle can be driven without obtaining
registration under the motor vehicle act first. Also, this registration
certificate is valid from the date of issuing to the next fifteen years.
Furthermore, the license can be renewed for five more years. There are
various offenses that are covered under the motor vehicle act – 1988.
Also, for these offenses, there are penalties which need to be paid by
the person who has committed the crime.
Here are some of the essential road safety rules in India:
Keep Left
Use Indicators
Wear Helmet and Seatbelt
Do Not Overload
Do Not Use Mobile Phone
Give Way to Emergency Vehicles
Follow Road Signs
Carry Driving and Vehicle Documents
Don’t Jump a Red Signal
RESEARCH METHODOLOGY
Aims & Objectives: The significant rise in deaths and disabilities due
to motor vehicular accident is alarming! Every other day, a person is
found to be a victim of vehicular mishaps, one leaves the house to
come home and spend time with family, not on some hospital bed.
To do a depth analysis of formation of the motor vehicle act, the major
objective of this act was to concentrate on the innocent people who are
traveling on the road and can get affected by the drivers. The drivers of
this motor vehicle were not held accountable for until this act thus,
under the motor vehicle act, there was a provision for compensation for
these helpless people on the road.
So, it can be said that the motor vehicle act revolves around providing
safety.
Type of Study: For this topic, the researcher has opted for Descriptive
and Explanatory type of study as in this topic, the researcher is
providing the descriptions of the existing facts.
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January, 1984 to review all the provisions of the Motor Vehicles
Act, 1939 and to submit draft proposals for a comprehensive
legislation to replace the existing Act. This Working Group took into
account the suggestions and recommendations earlier made by
various bodies and institutions like Central Institute of Road
Transport (CIRT), Automotive Research Association of India
(ARAI), and other transport organizations including,
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b. Stricter procedures relating to grant of driving licences and
the period of validity thereof.
The Bill also seeks to provide for more deterrent punishment in the
cases of certain offences.
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IBID
III. The Motor Vehicles (Amendment) Act, 1994
The Act was amended by the Motor Vehicles (Amendment) Act, 1994,
which came in to effect from 14.11.1994. After the coming into force of
the Motor Vehicles Act, 1988, Government received a number of
representations and suggestions from the State Government Transport
Operators and members of public regarding the inconvenience faced by
them because of the operation of some of the Provisions of the 1988
Act4.
The Act was again amended by the Motor Vehicles (Amendment) Act
2000. Further, amendments in the aforesaid Act have become
necessary so as to reduce the vehicular pollution and to ensure the
safety of the road users. It is, therefore, proposed to prohibit alteration
of vehicles in any manner including change of tyres of higher capacity.
However, the alteration of vehicles with a view to facilitating the
use of eco-friendly fuel including Liquefied Petroleum Gas
(LPG) is being permitted.
Further, it is proposed to confer powers on the Central Government
to allow the alteration of vehicles for certain specified purposes.
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Rajya sabha tv
At present, the educational institutions are not required to obtain
permits for the operation of buses owned by them. It is proposed to
bring the buses run by these institutions within the purview of the
aforesaid Act by requiring them to obtain permits. It is also proposed to
allow renewal of permits, driving licences and registration
certificates granted under the Motor Vehicles Act, 1939 to be
renewed under the Motor Vehicles Act, 1988, by inserting new section
217 -A.
The proposed amendments are essential in the overall interest of
securing road safety and maintaining a clean environment5.
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supra
The intention in bringing the said amendments was to encourage the
operation of vehicles with such ecofriendly fuels. However, it has
been observed that during the last several years, not only the
supply of ecofriendly fuels like CNG has increased tremendously, a
large number of vehicles have come on the road which in terms of
sections 66 and 67, as amended by the Motor Vehicles
(Amendment) Act, 1994, are operating without any requirement of
permits and are, therefore, not subject to any control of the
State Governments. The number of such vehicles is likely to
further increase substantially6.
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provisions that deal with penalties, licenses, registration and the
National Transport Policy, implemented from Sunday, 1 September
2019.
These are provisions which require no further amendments in the
Central Motor Vehicles Rules 1989.
The new law will enhance the penalty for unauthorised use of vehicles
without licence to Rs 5,000 from Rs 1,000. Besides, the penalty for
driving without license will go up from Rs 500 to Rs 5,000.
The Act will also increase the penalty for drunken driving to
imprisonment up to 6 months and/or fine up to Rs 10,000 for the first
offence, and imprisonment up to 2 years and/or fine of Rs 15,000 for
the second offence.
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The Motor Vehicle (Amendment) Act, 2000, Statement of Objects and Reasons
New fines under the Motor Vehicle (Amendment) Act 2019
5. Fine for individuals driving without licence has been increased from
up to Rs 500 to Rs 5,000.
6. Fine for not wearing seatbelt has been increased from Rs 100 to Rs
1,000.
7. Fine for talking on a mobile phone while driving has been increased
from Rs 1,000 to Rs 5,000.
11. Punishment for juveniles for offences will include Rs 25,000 and
imprisonment up to 3 years and cancellation of registration of motor
vehicle for 12 months. The juvenile will also become ineligible to
obtain learners' license until the age of 25 years.
12. If a juvenile uses a motor vehicle in violation of the newly inserted
Section 199A, then the registration of the vehicle might be cancelled
for a year. After a year, a fresh application for registration will be
allowed to be submitted8
3. Driving licence-holders can apply for renewal any time between one
year before its expiry up to one year after expiry. Applying for renewal
after one year from the date of expiry of driving license, will require
the applicant to pass the driving test again
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NEWS 18
government has been to the victim’s family has been increased from Rs
25,000 to Rs 2 lakh.
5. The Act has provisions for the protection of those who come forward
to help accident victims. Reportedly, they will be protected from
criminal or civil liability and "it will be optional for them to disclose
their identity to the police or medical staff"
6. With regard to road accidents, a time limit of six months have been
specified for submitting the application for compensation to the Claims
Tribunal9.
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The Motor Vehicle Act, 1988, Statement of Objects and Reason
The Motor Vehicle Bill proposes insertion of 28 new sections. The
amendments are mainly focused on issues that relate to improving road
safety and citizens’ ease and facilitation while dealing with the
Transport Department. Last mile connectivity, public transport,
strengthening rural transport, automation and computerization,
enabling online services are some of the other areas that find focus in
the Bill. We take a look:
1) With an aim to enhance road safety, the bill proposes to increase
penalties, that it hopes will act as deterrent against traffic
violations. Stricter provisions are being proposed with respect to
offences like driving without licence, over-speeding, juvenile
driving, drunken driving, dangerous driving, overloading etc.
2) To improve delivery of services, e-governance is a highlight of the
bill. This includes doing away with the requirements of educational
qualifications for transport licenses, enabling online learning
licenses, increasing validity period for driving licenses.
3) The compensation for hit and run cases will be increased from Rs
25,000 to Rs 2 lakh. There is also a provision for payment of
compensation up to Rs 10 lakh in the case of road accidents
fatalities. To help road accident victims, “Good Samaritan”
guidelines have been incorporated in the Bill.
4) The Bill also proposes that in the case of offences committed by
juveniles, the guardian/owner shall be deemed guilty. The juvenile
would be tried under JJ Act. Registration of the motor vehicle will
also be cancelled.
CONS;
Many critics dismiss the law as mere cosmetic tinkering. they point out
that the entire law has to be overhauled, not just amended, as it is “as
old
as 31 years”. Once the Amendment is passed, the Bill has to be
stringently implemented and enforced too.
But even for the first step, there seem to be a number of obstacles. Will
the government, police and people work towards a holistic solution, or
will the idea be just another victim?
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The Motor Vehicle (Amendment) Act, 2000, Statement of Objects and Reasons
SOCIAL AND LEGAL ISSSUES
SOCIAL ISSUE
Describing the motor vehicle (Amendment)Act, 2019 that proposes
higher fines for several traffic violations as very rigid.
There’s literally panic among many vehicle owners after
implementation of Motor Vehicle Bill 2019 which not only has the
provision of strict regulation of traffic rules, but also imposing heavy
penalties for violations.
In Delhi, 3,900 challans are issued to various violators on the first day
of the implementation. The social media, as well as regular media, are
showing reports that two-wheelers are charged for 21,000 rupees for
various violation of traffic rule including ‘no-helmet’, ‘no Driving
Licence’ No Insurance etc’.
Many consider that such a huge fine is not justified. States like Punjab,
Madhya Pradesh, West Bengal and Rajasthan refused to implement the
present vehicle act whereas the Gujrat government expressed
reservation on high fines that may not be feasible. The auto and taxi
unions of Delhi demanded rollback of such fines11.
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The Motor Vehicle (Amendment) Act, 1994, Statement of Objects
and Reasons
It is only the people active on social media who are aware of the
changes in traffic rules. People are not aware of the volume of penalties
and its impact. Not many people would know that driving license can
be ceased for three months for violation of certain rules.
LEGAL ISSUES
Several states have decided not to implement the new Motor Vehicles
(Amendment) Act citing unfair penalties. Some states said it would
overburden people while others said it would lead to higher levels of
corruption. The Union Transport Minister Nitin Gadkari differed from
what unconvinced states had to say. He said the high penalties under
the amendment were undertaken after expansive deliberations and the
key objective was to increase road discipline among citizens. India
remains one of the top accident-prone nations in the world. As per
Ministry of Road Transport and Highways data, 1.47 lakh people lost
their lives due to road accidents in 2017; the scenario remains the same
in 2019.
Despite the data and the good intentions behind stricter penalties, states
such as West Bengal, Madhya Pradesh, Rajasthan, Punjab, Jharkhand
and Maharashtra denied imposing stricter fines to boost road discipline.
Meanwhile, other states like Karnataka, Uttarakhand, Gujarat, and
Kerala decided to reduce the rates that have been stated in the amended
act12.
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ACCIDENT AND COMPENSATION UNDER MOTOR
VEHICLE ACT
The Motor Vehicle Act, 1988, has been enacted with following
objectives:-
The driver of the truck was prosecuted for offences under Sections
279, 337 and 338 IPC. During the trial, he made confession that the
accident was caused due to his rash and negligent driving. The trial
Court convicted the driver and imposed a fine of Rs.2,000/- and in
default to undergo three months imprisonment13.
2.The United India Insurance Co. v. Sh. Pritpal Singh (1996) 113 PLR
49
The accident in relation to which the claim petition was filed by the
heirs of Smt. Jasbir Kaur took place on 7.10.1992 near Dhanas bridge,
Union Territory, Chandigarh. Smt. Jasbir Kaur, who was working as
Lecturer in the Government Senior Secondary School, Dhanas, and
who at the relevant time going on her Kinetic Honda Scooter from
Sector 35 to the School, was struck, by a tractor from behind. In the
accident Smt. Jasbir Kaur sustained injuries and died. Her heirs filed a
claim petition for award of Rs. 20,00,000/- by way of compensation.
The owner and the driver of the tractor contested the claim, on the
ground that the deceased was guilty of negligent driving and her two-
wheeler had struck at the back side on the trolley. The insurance
company contested the claim on the ground that Sant Singh was not
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owner of the vehicle and Nachatar Singh was not qualified to be a
driver of the vehicle.
The Tribunal held that the accident did take place due to rash and
negligent driving of the tractor by Nachhatar Singh. It further held that
income of late Smt. Jasbir Kaur was Rs. 3294/- per month. By
excluding 1/3rd of the salary towards her own expenses the Tribunal
declared tha the annual dependency was Rs. 26,352/-. On this basis, it
held that the total compensation payable to the claimants would come
to Rs. 3,68,928/-. Lastly, the Tribunal considered the two contentions
raised on behalf of the insurance company, namely, that the trolley
which was involved in the accident was not insured with the company
and that the licence possessed by the driver was not a valid licence.
Both these contentions have been rejected by the Tribunal by giving
detailed reasons14.
Conclusion
BIBLIOGRAPHY
WEBSITES:-
https://indiankanoon.org
https://pib.gov.in
https://www.firstpost.com
BOOKS/JOURNALS:-
Times of India
Economic times
Rajyasabha TV