Motor Vehicle Laws in India

Government of india
India having 48.65 lakh km of road network is the second largest in the World.
At present, National Highway network of about 92,851 km comprises only 1.9% of the total length of roads, but carries over 40% of the total traffic across the length and breadth of the country.
The Central Government, which is responsible for development and maintenance of NHs, implements the work on agency basis. The State Governments (State PWDs), Border Roads Organisation (BRO) and National Highways Authority of India (NHAI) are the implementing agencies for the development and maintenance works on NH. As on 30th April, 2014, 32,037 km length of NHs were entrusted to NHAI, 44,591 km to State PWDs, 4,830 km to BRO and 11,393 km is yet to be entrusted.

CENTRAL MOTOR VEHICLES RULES, 1989

Government of india

The Central Motor Vehicles Rules, 1989

Published vide Notification G.S.R. 590 (E), dated 2.6.1989, published in the Gazette of  India, Extraordinary, Part, 2, Section 3, dated 2.6.1989

 

CHAPTER-I
PRELIMINARY

1. Short title and commencement

2. Definitions

CHAPTER II
LICENSING OF DRIVERS OF MOTOR VEHICLES
GENERAL

3. General.

4. Evidence is to the correctness of address and age.

5. Medical certificate

6. Exemption from production of medical certificate

7. Affixing of photograph to medical certificate.

8. [Omitted]

9. Educational qualifications for drivers of goods carriages carrying dangerous or hazardous goods

LEARNER’S LICENCE

10. Application for learner’s licence

11. Preliminary test

12. Consent of parent or guardian in the case of application by minor

13. Form of learner’s licence

DRIVING LICENCE

14. Application for a driving licence

15. Driving test

16. Form of driving licence.

17. Addition to driving licence

18. Renewal of driving licence

19. Refund of fee

20. Driving licence to drive motor vehicle belonging to the Defence Department

DISQUALIFICATION

21. Powers of licensing authority to disqualify

ENDORSEMENT IN DRIVING LICENCE

22. Endorsement by courts

STATE REGISTER

23. State Register of driving licences

DRIVING SCHOOL AND ESTABLISHMENTS

24. Driving schools and establishments

25. Duration of a licence renewal thereof.

26. Issue of duplicate licence

27. General conditions to be observed by the holder of licence

28. Power of the licensing authority to suspend or revoke licence.

29. Appeal.

30. Procedure for appeal.

31. Syllabus for importing instruction in driving of motor vehicles.

31A. Temporary licence.

32. Fees

CHAPTER III
REGISTRATION OF MOTOR VEHICLES
TRADE CERTIFICATE

33. Condition for exemption from registration

34. Trade certificate.

35. Grant or renewal of trade certificate.

36. Refund.

37. Period of validity

38. Issue of duplicate certificate

39. Use of trade registration mark and number.

40. Restrictions on use of trade certificate or trade registration mark and number.

41. Purposes for which motor vehicle with trade certificate may be used.

42. Delivery of vehicle subject to registration.

43. Register of trade certificate.

44. Suspension or cancellation of trade certificate.

45. Appeal.

46. Procedure for appeal

REGISTRATION

47. Application for registration of motor vehicles.

48. Issue of certificate of registration.

49. Registration records to be kept by the registering authority.

50. Form and manner of display of registration marks on the motor vehicles.

51. Size of letters and numerals of the registration mark.

52. Renewal of certificate of registration

53. Issue of duplicate certificate of registration

54. Assignment of new registration mark.

55. Transfer of ownership.

56. Transfer of ownership on death of owner of the vehicle.

57. Transfer of ownership of vehicle purchased in public auction.

58. No-objection certificate.

59. Change in residence.

60. Endorsement of hire-purchase agreements, etc.

61. Termination of Hire-purchase agreements, etc.

CERTIFICATE OF FITNESS

62. Validity of certificate of fitness

63. Regulation and control of authorised testing station.

64. Duration of letter of authority.

65. General conditions to be observed by the holder of letter of authority.

66. Issue of duplicate letter of authority.

67. Supervision of authorised testing stations.

68. Power of registering authority or Regional Transport Authority to call for information.

69. Power of registering authority to suspend or cancel the letter of authority or forfeit security deposit

70. Appeal.

71. Procedure for appeal.

72. Voluntary surrender of letter of authority

73. Tax clearance certificate to be submitted to the testing station

REGISTRATION OF VEHICLES BELONGING TO THE CENTRAL GOVERNMENT
USED FOR DEFENCE PURPOSE

74. Assignment of registration marks to the vehicles belonging to the Central Government used for defence purposes

STATE REGISTER OF MOTOR VEHICLES

75. State Register of Motor Vehicles.

SPECIAL PROVISIONFOR REGISTRATION OF MOTOR VEHICLES
OF DIPLOMATIC OFFICERS, ETC.

76. Registration of vehicles of diplomatic and consular officers

76A. Application of rules 76 to 80 to organisations notified under the United Nations (Privileges and Immunities) Act, 1947

77. Exhibition of registration mark.

78. Assignment of new registration mark on removal of vehicle to another State.

79. Suspension and cancellation of registration of vehicle registered under rule 76.

80. Transfer or disposal of motor vehicle registered under rule 76.

FEES

81. Fees.

CHAPTER IV
CONTROL OF TRANSPORT VEHICLES
TOURIST PERMITS

82. Tourist permits.

83. Authorisation fee.

84. Right of operation.

85. Additional conditions of tourist permit.

85B. Additional conditions of every tourist permit in respect of motor cabs.

NATIONAL PERMITS

86. Application for national permit.

87. Form, contents and duration of authorisation.

88. Age of motor vehicle for the purpose of national permit.

89. Quarterly return to be filed by a national permit holder.

90. Additional conditions for national permit.

CHAPTER V
CONSTRUCTION, EQUIPMENT AND MAINTENANCE
OF MOTOR VEHICLES
PRELIMINARY

91. Definitions.

92. General.

OVERALL DIMENSION

93. Overall dimension of motor vehicles.

SIZE, NATURE AND CONDITION OF TYRES

94. Condition of tyres.

95. Size and ply rating of tyres.

BRAKES, STEERING GEARS, SAFETY GLASS AND WINDSCREEN WIPERS

96. Brakes.

97. Brakes for trailers.

98. Steering gears.

99. Forward and backward motion.

100. Safety glass.

101. Windscreen wiper.

102. Signalling devices, direction indicators and stoplights.

103. Position of the indicator.

104. Fitment of reflectors.

105. Lamps.

106. Deflection of lights.

107. Top lights.

108. Use of red or white light.

109. Parking light.

110. Lamp on auto-rickshaws and three-wheelers with engine capacity not exceeding 500 cc.

111. Prohibition of spotlights, etc.

SMOKE, VAPOUR, SPARK, ASHES, GRIT AND OIL

112. Exhaust gases.

113. Location of exhausts pipes.

114. Exhaust pipes of public service vehicles.

115. Emission of smoke, vapour, etc. from motor vehicles.

116. Test for smoke emission level and carbon monoxide level for vehicles.

SPEED GOVERNORS

117. Speedometer.

118. Speed governor.

REDUCTION OF NOISE

119. Horns.

120. Silencers.

121. Painting of motor vehicles.

CHASSIS NUMBER AND ENGINE NUMBER

122. Embossment of the chassis number and engine number and date of manufacture.

SAFETY DEVICES
SAFETY DEVICES FOR DRIVERS, PASSENGERS AND ROAD USERS

123. Safety devices in motor cycle.

124. Safety, standards of components.

125. Commencement

126. Prototype of every motor vehicle to be subject to test.

126A. Testing agencies.

127. Quality certificate by manufacturer.

SPECIAL PROVISIONS

128. Tourist vehicles other than motor cabs, etc.

129. Transportation of goods of dangerous or hazardous nature to human life.

129A. Spark arrester.

130. Manner of display of class labels.

131. Responsibility of the consignor for safe transport of dangerous or hazardous goods.

132. Responsibility of the transporter or owner of goods carriage.

133. Responsibility of the driver.

134. Emergency information panel.

135. Driver to be instructed.

136. Driver to report to the police station about accident.

137. Class labels.

CHAPTER VI
CONTROL OF TRAFFIC

138. Signals and additional safety measures for motor cycle.

139. Production of licence and certificate of registration.

CHAPTER VII
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS

140. Definitions.

INLAND INSURANCE

141. Certificate of insurance.

142. Cover notes.

143. Issue of certificate and cover notes.

144. Transfer of certificate of insurance.

145. Exclusion of advertising matter.

146. Certificates or cover notes lost, destroyed, torn, soiled, defaced or mutilated.

147. Records to be maintained by authorised insurers.

148. Record of exempted vehicles.

149. Supply of information.

150. Furnishing of copies of reports to Claims Tribunal.

151. Establishment of fund.

152. Amount of the fund.

153. Investment of the fund.

154. Securities held as a deposit in the fund.

155. Deposit procedure.

156. Interest on deposit.

157. Withdrawal.

158. Settlement of claims.

FOREIGN INSURANCE

159. List of foreign insurers.

160. Guarantor of foreign insurer.

161. Endorsement of certificate of foreign insurance.

162. Validity of certificate of foreign insurance.

163. Maintenance of records by the guarantor.

CHAPTER VIII
OFFENCES, PENALTIES AND PROCEDURE

164. Offences for the purpose of section 208.

FORMS
ANNEXURES
APPENDIX
SCHEDULE

 



OTHER LAWS

  1. Motor Vehicles Act, 1988
  2. Central Motor Vehicles (Accreditation of Bus Body Builders) Order, 2007
  3. Central Motor Vehicles (Regulation of Bus Service Between Agartala And Dhaka) Rules, 2002
  4. Central Motor Vehicles (Regulation of Bus Service Between Calcutta and Dhaka) Rules, 2000
  5. Central Motor Vehicles (Regulation of Bus Service Between New Delhi and Lahore) Rules, 2000
  6. Central Motor Vehicles (Regulation of Bus Service between Amritsar and Lahore) Rules, 2006
  7. Central Motor Vehicles (Regulation of Bus Service between Amritsar and Nankana Sahib) Rules, 2006
  8. Central Motor Vehicles Rules,1989
  9. Driving Licence(Conditions For Exemption) Rules, 1992
  10. Maximum Speed Limit

Laxmidhar Nayak and Ors. Vs. Jugal Kishore Behera and Ors.[SC 2017 November]

KEYWORDS: COMPENSATION

Capture

As per the decision of the Constitution Bench in National Insurance Company Limited v. Pranay Sethi and Others 2017 (13) SCALE 12, compensation of Rs.15,000/- for loss of estate and Rs.15,000/- for funeral expenses is awarded. Thus total compensation awarded to the claimants is enhanced to Rs.5,34,000/- payable with interest at the rate of 7% per annum.

DATE: November 28, 2017

SUPREME COURT OF INDIA

[Civil Appeal No.19856 of 2017 arising out of SLP(C) No.31405 of 2016]

R. BANUMATHI, J.

1. Leave granted.

2. Appellants who are the sons and daughter of the deceased Chanchali Nayak have filed this appeal seeking enhancement of compensation for the death of their mother in the road accident on 29.09.1991 as against compensation of Rs.70,600/- awarded by the tribunal and affirmed by the High Court of Orissa.

3. Mother of appellants-Chanchali Nayak was working as an agricultural labourer. On the date of accident – 29.09.1991 at about 8.00 a.m., Chanchali Nayak was proceeding on the left side of the road alongwith some other labourers. At that time, due to head-on-collision between two vehicles-bus (bearing No.OSF 5157) and truck (bearing No.OAC 495), the bus swerved to the extreme left side of the road and ran over Chanchali Nayak and she succumbed to injuries. In the claim petition filed by the claimants, the tribunal held that the accident was due to rash and negligent driving of both the vehicles.

3. So far as the compensation is concerned, the tribunal has taken the monthly income of the deceased at Rs.650/- per month and after deducting an amount of Rs.250/- towards her personal expenses, assessed the contribution to the family at Rs.400/- per month. Deceased was aged 42 years and the tribunal adopted multiplier of “12” and awarded compensation of Rs.57,600/- for the loss of dependency and adding conventional damages, tribunal has awarded total compensation of Rs.70,600/-. The respondents No.1 and 2 – owners of the bus and the truck were held liable to pay the compensation to the claimants at 50% each alongwith interest at the rate of 9% per annum. Pointing out that the claimants have not produced the insurance policies of the vehicles, the tribunal held that the insurance company is not liable to indemnify the compensation.

4. However, it is seen from the judgment of the High Court that the insurance company has been satisfied with the award. On appeal to the High Court by the claimants, the High Court affirmed the quantum of compensation of Rs.70,600/- awarded to the claimants but reduced the rate of interest from 9% to 7%. So far as the liability of the insurance company is concerned, the High Court held that the insurance company-respondent No.3 having paid the compensation to the claimants cannot avoid its liability to pay the compensation amount. Being dissatisfied with the quantum of compensation, the appellants have filed this appeal.

5. We have heard the learned counsel for the appellants. Respondent No.2 and insurance company-respondent No.3 have not entered their appearance. We have perused the impugned judgment and the materials placed on record.

6. PW-1 in his evidence stated that Chanchali Nayak was earning Rs.35/- per day as wages out of the labour work. Deceased Chanchali Nayak was an agricultural labourer. The tribunal has taken her income at the rate of Rs.25/- per day and assessed the monthly income at Rs.650/- per month. It is quite improbable that a labourer would be available for such a small amount of Rs.25/- per day. The wages fixed by the tribunal for the daily labourer at Rs.25/- per day and the monthly income at Rs.650/- is too low. The reasoning of the tribunal that a lady labourer may not get engagement daily is not acceptable. Even though works like cutting of paddy and other agricultural labour may not be available on all days throughout the year, in rural areas other kinds of work are available for a labourer.

Deceased Chanchali Nayak even though was said to be earning only Rs.35/- per day at that time, over the years, she would have earned more. In our view, deceased Chanchali Nayak, being a woman and mother of three children, would have also contributed her physical labour for maintenance of household and also taking care of her children. The High Court as well as the tribunal did not keep in view the contribution of the deceased in the household work, being a labourer and also maintaining her husband, her daily income should be fixed at Rs.150/- per day and Rs.4,500/- per month.

7. Taking income from the agricultural labour work at Rs.3,000/- per month and Rs.1,500/- per month for the household work, the monthly income of the deceased is fixed at Rs.4,500/- per month deducting 1/3rd for personal expenses, contribution of deceased towards the family is calculated at Rs.3,000/- per month and Rs.36,000/- per annum. Deceased Chanchali Nayak was aged 42 years. As per the second schedule to the Motor Vehicles Act, 1988, for the age groups 40-45 years multiplier is “15”. As per Sarla Verma (Smt.) and Others v. Delhi Transport Corporation and Another (2009) 6 SCC 121, for the age groups 41-45 years multiplier to be adopted is “14”.

Therefore, the multiplier of “12” adopted by the tribunal and the High Court may not be correct. Hence, the multiplier of “12” adopted may not be correct. Adopting the multiplier of “14” loss of dependency is calculated at Rs.5,04,000/- (3,000x12x14).

8. As per the decision of the Constitution Bench in National Insurance Company Limited v. Pranay Sethi and Others 2017 (13) SCALE 12, compensation of Rs.15,000/- for loss of estate and Rs.15,000/- for funeral expenses is awarded. Thus total compensation awarded to the claimants is enhanced to Rs.5,34,000/- payable with interest at the rate of 7% per annum.

9. The impugned judgment is modified and the compensation payable to the claimants is enhanced to Rs.5,34,000/-. The enhanced compensation is payable with interest at the rate of 7% per annum from 27.01.2016 (the date of judgment of the High Court) and this appeal is partly allowed. Respondents No.1 to 3 are jointly and severally liable to pay the enhanced compensation with interest.

 [RANJAN GOGOI]

 [R. BANUMATHI]