Motor Vehicles Act, 1988

The Motor Vehicles Act is an Act of the Parliament of India which regulates all aspects of
road transport vehicles. The Act provides in detail the legislative provisions regarding
licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles
through permits, special provisions relating to state transport undertakings, traffic regulation,
insurance, liability, offences and penalties, etc.

CHAPTER IV
REGISTRAION OF MOTOR VEHICLES
Chapter IV, Section 39 onwards to Section 65 deals with various
aspects of registration of vehicles such as necessity for
registering, where and how to register, etc.
Section 39 prohibits the driving of a motor vehicle in any public place or in any other place
without registering it under the provisions of this Chapter
Section 40 lays down that a motor vehicle should be registered by the registering authority in
whose jurisdiction the owner of the motor vehicle resides or where the motor vehicle is
normally kept.
Section 41 provides the form and fee for application for registration of motor vehicle, the
form in which the certificate of registration shall be issued by the registering authorities, the
form of records in which the particulars of vehicles registered shall be kept by the registering
authorities, the distinguishing marks and manner in which such marks consisting of letters and
figures shall be exhibited in motor vehicle
Section 42 provides procedure for registration of motor vehicles belonging to diplomatic and
consular officers.
Section 43 confers power upon the registering authorities to register a motor vehicle
temporarily and the Central Government is to prescribe the manner in which the certificate is
to be issued and the manner of exhibition of the registration marks
Section 44 seeks to empower the registering authorities to require the person applying for
registration of a motor vehicle or for the renewal of registration of a motor vehicle to produce
the vehicle for inspection to ensure that the particulars given in the form of application are
correct and the vehicles comply with the requirements of this Act.
Section 45 empowers the registering authorities to refuse to register any motor vehicle or
refuse to renew the certificate of registration of a motor vehicle in certain cases and require
the registering authorities to record in writing the reason for such refusal.
Section 46 lays down that the certificate of registration of a motor vehicle shall be effective
throughout India

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Section 47 requires that a motor vehicle registered in one State and kept in another State for a
period exceeding 12 months shall be assigned a new registration mark in that other State. It
lays down the procedure in making the application for assignment of new registration mark.
Section 48 prescribed that a No Objection Certificate shall be produced along with an
application for assignment of new registration mark or transfer of ownership.
Section 49 requires that the owner of a motor vehicle shall, within 30 days, report the change
of his address to the registering authority in whose jurisdiction he has shifted his residence for
recording the change of address in the certificate of registration. Failure to do so will entail in
prosecution.
Section 50 provides for recording the transfer of owner ship of a motor vehicle in the
certificate of registration by the registering authorities when the property changes hands due
to sale, or inheritance or purchase in public auction conducted by the Government.
Section 51 contains special provisions regarding motor vehicles subject to the agreements of
hire-purchase, lease and hypothecation.
Section 54 empowers the registering authorities to suspend the certificate of registration of a
motor vehicle, if the vehicle is used for hire or reward without a permit.
Section 55 contains provisions for the cancellation of the certificate of registration by the
registering authorities where the vehicle has been destroyed or has been rendered permanently
incapable of use or has been lost and not recovered or is otherwise not traceable or its use will
constitute a danger to public safety.
Section 56 requires that every transport vehicle should carry an effective certificate of fitness
issued by the prescribed authorities or by any authorised testing stations specified by the State
Governments.
Section 57 seeks to provide for appeal against certain orders passed by the registering
authorities. The aggrieved parties in such cases may approach the prescribed authorities and
seek redress.
Section 58 empowers the Central Government to specify in relation to each make and model
of a transport vehicle the maximum safe laden weight and the maximum safe axle weight of
each such vehicle.
Section 59 seeks to empower the Central Government to specify the life of motor vehicle of
any class or type beyond which the vehicle have to be kept-off the roads.
Section 60 provides that the Central Government may specify the authorities who may
register certain motor vehicles of the Central Government to be specified by notification.
Section 61 lays down that the registration marks of trailers shall be exhibited in such manner
as may be prescribed.

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Section 62 empowers the State Government to direct the Inspector General of Police to
furnish to the State Transport Authority information regarding stolen and recovered motor
vehicles.
Section 63 prescribes that the State Government may maintain a State register of all motor
vehicles within its jurisdiction in the prescribed form and the State Government shall supply
to the Central Government copies of such registers and any further additions or amendments.
Section 64 provides for the rule-making powers of the Central Government in order to give
effect to the provisions of this Chapter.
Section 65 empowers the State Government to make rules for the purpose of carrying into
effect the provisions of this Chapter.

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 CHAPTER X
LIABILITY WITHOUT FAULT IN CERTAIN CASES
The principle of “No Fault Liability” was developed in order to provide some sort of relief to
the victims of ‘hit and run’ cases. For the purposes of social justice, the principle laid out that
the driver or the owner was to be held liable without taking contributory negligence into
consideration. The denial of compensation to the victim on the grounds that negligence and
the fault of the driver were not established was highly against the principles of a welfare state
Section 140 speaks about liability to pay compensation in case of death or permanent
disability.
 Gaya Prasad And Anr. vs Suresh Kumar1
Bench: T Singh, R Lahoti, K Pandey
Facts: There were 2 matters;
i) First, arising out of a bus accident
ii) Second, questioning the maintainability of an appeal
Issues:
i) Whether the. insurer and/or the owner/driver of the offending motor vehicle or
vehicles against whom an order for compensation is passed in terms of the
provisions of Section 140 of the Motor Vehicles Act, 1988, has a right of appeal
against that order under Section 173 of the Act ?
ii) Whether any appeal filed on or after June 1, 1989, challenging an order of
compensation passed by the Motor Accidents Claims Tribunal in terms of the
provisions of Section 140 of the Motor Vehicles Act, 1988, or the final award
passed under Section 168 of the Act, can be entertained without the appellant
fulfilling the requirement of the provisions contained in Section 173 of the Act of
making requisite deposit of the sum contemplated thereunder ?
Law involved: Section 140, 168, 173 of Motor Vehicles Act, 1988
Ratio:

i) No appeal is maintainable under Section 173, Motor Vehicles Act, 1988, against
an order of compensation for " no-fault" liability, passed under Section 140 of the
said Act. The law laid down to the contrary in Oriental Insurance Co. Ltd. v.
Pritamlal [1989] ACJ 1129 (MP), would no longer hold good and that decision is
overruled.

1
1992 ACJ 200, 1993 76 CompCas 711 MP, 1992 (0) MPLJ 485, 13 December, 1991
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 ii) In respect of any appeal filed after July 1, 1989, under Section 173, challenging
any award passed under Section 168 after July 1, 1989, in terms of the first proviso
to Section 173(1) it would be necessary for the appellant to make the requisite
deposit contemplated thereunder irrespective of the date of accident. Accordingly,
Jaswant Rao v. Kamlabai, AIR 1990 MP 354, stands overruled.

 Raphik Mehbub Pakhali vs Anantkumar Pravinkumar Jajal And Another2

Bench: A Savant
Facts: A truck driver, puts the reverse gear without switching the lights on and as a result of
the truck, travelling in the reverse direction, it hit the appellant who was seriously injured
resulting in permanent disablement.
The appellant contended that he had suffered a permanent disablement and was, therefore,
entitled to claim Rs. 12,000/- on the Principle of No Fault Liability embodied in section
140 of the said Act.
Issues: Whether a claim for "No Fault Liability" be granted when the claimant himself may
have been responsible for the accident?
Law involved: 140, 142, 92 of MVA
Ratio: “ I am of the view, that in the light of the decisions referred to above section 140 has to
be clearly understood as dispensing with the requirement of proof of negligence of the owner
of the vehicle and further that even if claimant himself was at fault or had contributed to the
fault his application under section 140 cannot be defeated.”
The application dated 9th November, 1993 for claim of Rs. 12,000/- under section 140 of the
Motor Vehicles Act, 1988 was granted.

Section 141 makes provision to claim compensation for death or permanent disablement
besides the claim for compensation for no fault liability.
Section 142 defines permanent disability. It seeks to classify injuries which are considered as
permanent disablement for the purpose of this Act.
Section 143 lays down that the provision of this Chapter shall also apply in relation to any
claims under Workmen’s Compensation Act.
Section 144 provides for overriding effect of this Chapter over any other provisions of this
Act or any law for the time being in force.

2
1996 ACJ 356, 1996 (2) BomCR 541, (1996) 98 BOMLR 247, 19 October, 1995

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 CHAPTER XI
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
Compulsory Insurance was introduced in order to safeguard the interests of the third party
who would be a probable victim of an accident or an injury by the use of a motor vehicle. This
gives the victim or the third party for that matter to make claims either from the owner of the
motor vehicle or from the insurance party or from both of them as need be and as given in the
provisions.
Section 145 seeks to define certain words and expressions appearing in this Chapter
Section 146 speaks of the necessity for insurance against third party risk.
Section 147 lays down the requirements of the policies and the limit of liability in respect of
passengers and persons other than passengers in relation to passenger vehicles and goods
carriages.
Section 148 provides for the validity of policies of insurance issued in a reciprocating country
in respect of motor vehicle of the reciprocating country operating on any route common to the
two countries.
Section 149 lays down that it is the duty of the insurers to satisfy judgements against persons
insured in respect of third party risk
Section 150 provides that in the event of the insured becoming insolvent any liability incurred
by the insured person and his rights against the insurer will be transferred to and vest in the
third party to whom the liability was so incurred.
Section 151 prescribes that it is the duty of the insured to give information relating to the
insurance on demand by or on behalf of the person making the claim for compensation.
Section 152 lays down that any settlement made by the insurer in respect of any claim which
may be made by the third party will not be valid unless the third party is a party to the claim.
Section 153 lays down that the liability of the insurer will be only in respect of that particular
policy alone and not in respect of any other policy of insurance
Section 154 provides that the insolvency of the insured will not affect the liability of the
insured or affect the claims of third parties or the rights against the insurer.
Section 155 makes it clear that in the event of the death of the insured after the happening of
an accident in which his motor vehicle was involved, the right of third parties will not be
barred against the insured or his excise

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Section 156 provides that where the insurer has issued a certificate of insurance, and the
policy of insurance has not been issued, then the policy to be issued be deemed to be in terms
conforming in all respects to the particulars mentioned in the certificate of insurance.
Section 157 lays down that when the certificate of registration is transferred from one person
to another, then the policy of insurance in respect of that vehicle is also deemed to have been
transferred to that other person from the date on which the ownership of the motor vehicle
stands transferred.
Section 158 makes it compulsory on the part of the driver of the vehicle involved in accident,
to produce the certificate of registration and insurance, the certificate of fitness and permit and
driving licence without delay. It also provides that the police officer who makes a report of
accident shall send a copy of the report to the Accident Claims Tribunal.
Section 159 empowers the State Government to make rules to require production of certificate
of insurance of a motor vehicle at the time of payment of taxes and in the case of transport
vehicle to have a valid certificate of insurance before the vehicle is put on public road after
obtaining a permit.
Section 160 lays down that it is the duty of the police officer registering accident case and the
registering authority to furnish to the person who alleges that he is entitled to claim
compensation all such particulars in such form and within such time as the Central
Government may prescribe.
Section 161 provides for framing of a scheme by the Central Government for the payment of
compensation in “hit and run” cases. It also lays down the amount of compensation in respect
of the death and also in respect of grievous hurt.
Section 162 seeks to provide that when compensation is awarded in a case where
compensation under Section 161 has already been paid then so much of the compensation
paid as per Section 161 shall be refunded to the insurer.
Section 163 empowers the Central Government to makes scheme for payment of
compensation in “hit and run” accident cases detailing the procedure for making claim, the
authorities to whom the claim should be made, etc
Section 163A provides for payment of compensation on structured formula basis, however no
person can appeal via both S.140 and S.163A, as stated in Section 163B
Section 164 confers upon the Central Government the power to frame rules to implement the
provisions of Section 60.

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 CHAPTER XII
CLAIMS TRIBUNALS
A forum called the Claims Tribunal or the Motor Accidents Claims Tribunal was set up in
order to enable speedy and cost-effective remedies to the victims of accidents arising out of a
motor vehicle. Before the establishment of such a tribunal, a suit for action had to be filed
before the civil court with ad valorem court fees.
Section 165 empowers the State Government to constitute Claims Tribunals to adjudicate
upon claims for compensation arising out of motor vehicle accidents, resulting in death or
bodily injury to persons or damages to any property of third parties
 M/S. Complete Insulations (P) Ltd vs New India Assurance Company Ltd3
Bench: Ahmadi A.M. (Cj)
Facts: a car was bought whose registration was transferred in the name of the company.
However after repeated notification the insurance company failed to undergo the procedure.
The car met with an accident and the occupants suffered great injury.
Issues: Whether on the above facts, without the insurance policy being transferred in the name
of the appellant can it be indemnified by the insurer?
Law involved: Section 165, 157, 141 of MVA
Ratio: Section 166 provides for the form of application for compensation, the person who
may claim compensation, the time within which the application should be filed, etc. It also
provides that if the Claims Tribunal, think so, may treat the accident report filed by the Police
Officer as per Section 158 as an application under this Act.
That is why even the claims Tribunal constituted under Section 165 is invested with
jurisdiction to adjudicate upon claims for compensation in respect of accidents involving
death of or bodily injury to persons arising out of the use of motor vehicles, or damage to any
property of a third party so arising, or both.
In the present case since there was no such agreement and since the insurer had not transferred
the policy of insurance in relation thereto to the transferee, the insurer was not liable to make
good the damage to the vehicle.

3
1996 AIR 586, 1996 SCC (1) 221

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  Bimla Devi & Ors vs Himachal Road Transport Corpn. & ... on 15 April4
Bench: S.B. Sinha, P. Sathasivam
Facts: Allegedly, the driver of a bus reversed the bus without blowing any horn as a result
whereof a police constable died on the spot. Allegedly, conductor also did not bother to check
whether any person was standing behind the bus.
Issues: Whether Sh. Jawala Ram died on 11.2.1997 near Dharampur, due to rash and
negligent of Bus No.HP-14-3596 by respondent No.2 and negligent conduct of respondent
No.3 as alleged?
Law involved: 106 Indian Evidence Act & 166 Motor Vehicles Act, 1988
Ratio: “In the post mortem report there is no details of any such crush injuries of tyre marks
in fact the thorax and abdomen region have been found by and large normal. Even to the
muscle bones and joints there are no serious injuries. The main injury is to the head only. It is
not the case of the claimants that only the head of the deceased was crushed under the tyres.
Therefore, the version of the claimants is difficult to believe.”
“15. In a situation of this nature, the Tribunal has rightly taken a holistic view of the matter. It
was necessary to be borne in mind that strict proof of an accident caused by a particular bus in
a particular manner may not be possible to be done by the claimants. The claimants were
merely to establish their case on the touchstone of preponderance of probability. The standard
of proof beyond reasonable doubt could not have been applied. For the said purpose, the High
Court should have taken into consideration the respective stories set forth by both the parties.”
“No material brought on record has been referred to for the said purpose. For the reasons
aforementioned, the impugned judgment cannot be sustained. It is set aside accordingly.”

 Arvind Kumar Mishra vs New India Assurance Co. Ltd. & Anr5
Bench: Aftab Alam, R.M. Lodha
Facts: Arvind Kumar Mishra - appellant - a final year engineering student at the time of
accident was seriously injured as a result of a truck being negligently driven on June 23, 1993.
The truck coming from the opposite direction hit the motorcycle and the appellant riding the
motorcycle was thrown on the road. He sustained multiple injuries. These multiple injuries
ultimately led to 70% permanent disablement. He has been rendered incapacitated and a
career ahead of him in his chosen line of mechanical engineering got dashed for ever.
Issues: Determining the quantum of compensation payable to the victims of accident, who are
disabled either permanently or temporarily.
Law involved: Section 166 of the Motor Vehicles Act, 1988
4
(2009)13SCC530
5
2010 ACJ 2867 (SC)

9
Ratio: In the result, the appeal is allowed in part and the compensation awarded by the High
Court in the sum of Rs. 3,50,000/- is enhanced to Rs. 9,06,000/-. The appellant shall be
entitled to 9% simple interest per annum on the enhanced amount from August 7, 2002 until
the date of actual payment. The appellant shall also be entitled to the costs of this appeal
which we quantify at Rs. 15,000/-

 Mithusinh Pannasinh Chauhan Vs. Gujarat State Road Transport Corporation6

Hon'ble Judges/Coram: Jasti Chelameswar and Abhay Manohar Sapre, JJ
Facts: Appellant, while riding a bicycle was struck by Respondent No. 2 and sustained
serious head injury as a result of which he lost his memory. He was unable to speak nor was
able to move properly, thereafter, and underwent medical treatment in hospital for a long time.
At the time of accident, he was aged about 35 years and was working as a constable. Due to
the accident and resultant injuries sustained, Appellant lost his job.
Appeals were filed by Appellant for enhancement of compensation and by Respondents
against an excessive award.
Issues: whether the compensation provided to the appellant is excessive or not?
Law involved: S.166 of Motor Vehicles Act, 1988
Ratio: “In our considered opinion, in a case where the appellant has proved that he has lost
his speaking power as also lost his memory retention power due to causing of head injury and
further he is not able to move freely at the age of 35 years and lastly due to these injuries, he
has also lost his job, we fail to appreciate as to how and on what reasons the MACT and the
High Court could come to a conclusion that a compensation of Rs.4,00,000/- claimed by the
appellant was on a higher side and thus reduced it to Rs.1,54,200/-. Indeed we found no
reason”
Sum of 4 lakh was awarded with 6% interest.

Section 167 lays down that when claim arises under this Act and under the Workmen’s
Compensation Act, the person entitled to claim compensation may claim compensation only
under either of these Acts and not under both the Act
Section 168 provides that the Claims Tribunal shall deliver the copies of the award to the
parties within fifteen days of the award and that the person against whom the award is made
shall deposit the amount awarded within thirty days of announcement of the award.
Section 169 lays down the procedure to be followed by the Claims Tribunal in setting claims
compensation and the powers of the Claim Tribunals.

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2015(9)SCALE825

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Section 171 empowers the Claims Tribunal to order that simple interest at such rates as it
thinks fit shall also be paid along with the award of compensation.
Section 172 seeks to empower the Claims Tribunals to award special compensatory costs
where in certain cases it is found that there has been mis-representation of case or vexatious to
claims or defence.
Section 173 makes provision for appeal to High Court by the aggrieved against the orders of
Claim Tribunal and where the person aggrieved is the person who has to pay the
compensation such person shall deposit 50 percent of the amount awarded as directed by the
High Court
 United India Insurance Co.Ltd vs Shila Datta & Ors7
Bench: R.V. Raveendran, H.L. Dattu, K.S. Radhakrishnan
Facts: Ascertaining the correctness of a three-Judge Bench decision of this Court in National
Insurance Co. Ltd., Chandigarh vs. Nicolletta Rohtagi and Ors., - 2002 (7) SCC 456, which is
said to be pending consideration in a large number of cases before this Court

Issues: (i) Whether the insurer can contest a motor accident claim on merits, in particular, in
regard to the quantum, in addition to the grounds mentioned in section 149(2) of the Act for
avoiding liability under the policy of insurance?

(ii) Whether an insurer can prefer an appeal under section 173 of the Motor Vehicles Act,
1988, against an award of the Motor Accident Claims Tribunal, questioning the quantum of
compensation awarded?

Law involved: 149,147, 158, 163A, 165, 166, 168, 170, 173 of Motor Vehicle Act, 1988.
Ratio: Ss. 173, 168 and 149 - Appeal - Maintainability - Joint appeal filed by vehicle owner
(insured) and insurer, held, nonetheless maintainable - So long as owner is an appellant and he
is a ``person aggrieved'' in law, question whether he is independently filing appeal, or whether
he is filing it at the instance of insurer becomes irrelevant - When a counsel holds
vakalatnama for an insurer and owner of vehicle in a joint appeal, court cannot say that his
arguments and submissions are only on behalf of insurer and not on behalf of owner -
Moreover, in such appeal, question whether insurer should be deleted from array of appellants
need not be examined at the threshold

 Sadhana Lodh vs National Insurance Company Ltd. 8

7
13 October, 2011- Supreme Court of India
8
Supreme Court of India

11
Bench: CJI., S. B. Sinha, A.R. Lakshmanan
Facts: The appellant's son, aged 24 years and drawing a sum of Rs. 4,000/- per month, died in
a motor vehicle accident. The appellant herein filed a claim petition before the Motor
Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal'). The Tribunal awarded a
sum of Rs. 3,50,000/- as compensation. Aggrieved, the insurer, who is respondent No. 1
herein, filed a writ petition under Articles 226 and 227 of the Constitution of India before the
Guwahati High Court. A learned Single Judge of the High Court dismissed the writ petition
Issues: whether an insurer can file an appeal u/s 173 of Motor Vehicles Act, 1988?
Law involved: 149, 173 of Motor Vehicles Act, 1988
Ratio: It would be open to the insurer to file an appeal if it is permissible under the law.

Section 174 lays down that any money due from any person under an award by the Claim
Tribunal may be recovered by the Collector as arrears of land revenue
Section 175 bars the jurisdiction of Civil Courts where any Claims Tribunal has been
constituted.
Section 176 confers upon the State Government to make rules for carrying into effect
provisions of clauses 165 to 173.

CHAPTER XIII
OFFENCES, PENALTIES AND PROCEDURE

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Chapter 13 of the Motor Vehicle Act contains the punishments for various offences. The
duration and penalties of these offences was greatly amended by the recent Motor Vehicle Act
(Amendment) 2019.
Section 177 provides for a general provision for punishment of offences.
 Jacob v. Kerala State9
Bench: P.S Gopinathan, J.
Facts: The revision petitioner after being intoxicated drove a lorry in a rash and negligent
manner, hit a motorcycle, throwing away the rider to the footpath, hit the telephone post and
rammed the adjacent shop room. He was also not maintaining a Goods Vehicle Record as
mandated by law.
Issues: Whether the sentence for imprisonment u/s 185(a) of MVA is excessive?
Law involved: 185(a) & 177 of Motor Vehicles Act, 1988
Ratio: Revision petition is devoid of merits.

Section 178 provides for penalty for travelling without ticket or pass by a passenger and also
for penalty for the conductor and operator of a contract carriage permit for dereliction of his
duties
Section 179 provides for penalties for disobedience of orders given by persons authorised to
give such instruction and refusal to give information and for causing obstruction
Section 180 provides penalty both for the owner and person in charge of the vehicle for
allowing unauthorised persons to drive the vehicle
Section 181 prescribes penalty of imprisonment or fine or with both for persons driving a
motor vehicle without a driving licence or when he has not attained the requirement age to
drive a motor vehicle.
Section 182 lays down that driving a motor vehicle during disqualified period or driving
while in possession of a driving licence obtained by misrepresentation is punishable with
imprisonment or with fine or with both
Section 183 provides that whoever drives a motor vehicle at a speed exceeding the limit
prescribed for such vehicle is punishable with fine.

 S.K.Premraj Menon vs State Of Kerala

Bench: Mr.Justice K.Surendra Mohan
Facts: The petitioner has filed this writ petition challenging the Charge Memo. According to
the petitioner, the charge memo has been issued to him on the basis of the photographs
9
Kerala High Court

13
obtained from a camera installed on aHighway. It is alleged that, the petitioner's vehicle was
found to be over speeding, in gross violation of the speed limit, thus attracting Section 183 of
the Motor Vehicles Act, 1988.
Issues: i) Whether the petitioner is responsible for the conduct of his driver?
ii) Is the petitioner liable for over speeding if he was not driving the vehicle?
Law involved: Section 183 of the Motor Vehicles Act, 1988. Section 183(1) makes over
speeding an offence. Sub Section 2 thereof casts the liability for over speeding on the owner
of the vehicle also.

Ratio: It is for the petitioner to take necessary action and to avail the opportunities that are
extended to him by Charge memo, if he is aggrieved by the same. (To show cause why action
against him should not be initiated under the relevant provisions of the Motor Vehicles Act,
1988 & an opportunity of personal hearing before the authority who has signed the charge
memo)

Admittedly, the petitioner has not availed any of the above options made available to him. The
petitioner has filed this writ petition challenging the charge memo.

For the above reasons, this writ petition fails and is accordingly dismissed.

Section 184 provides for punishment for driving recklessly and dangerously.
 Chandrakant Laxman Choukhande vs The State Of Maharashtra10
Bench: A.M. Badar
Facts: The goods vehicle belonging to Pune Municipal Corporation driven by the
appellant/accused gave dash to all the parked vehicles as well as road side stalls which
ultimately caused death of five persons and injuries to about 19 persons. The four wheeler
vehicles on the spot were extensively damaged, so also the road side stalls.
Law involved: Sections 304, 279, 337, 338, 427 of IPC and Section 184 of the Motor
Vehicles Act, 1988
Ratio: along with conviction for other offences, the sentence for offence u/s 184 of MVA was
maintained.
 Dnanvijay S/O Punaji Sagore vs State Of Maharashtra
Bench: Manish Pitale
Facts: The applicant was driving an auto rickshaw. The victim, a girl of 11 years of age, was
travelling in the said auto rickshaw with her mother, her sibblings, as also another passenger.
When the said auto rickshaw, reaching near Mamla Fata, it gave a dash to a stationary auto
10
12 April, 2018 - Bombay High Court

14
rickshaw, as a result of which the victim fell from the auto rickshaw and its wheels went over
the legs of the victim. She also suffered head injuries. Within a few days she succumbed to
her injuries.
This was a revision application, the applicant has challenged concurrent judgments and orders
of the two Courts below convicting and sentencing the applicant under Sections 279 and 304-
A of the Indian Penal Code and Section 184 of the Motor Vehicles Act, 1988.
Issues: Whether conviction under 304A and 279 of IPC was made out?
Whether the accused was driving recklessly?
Law involved: Sections 279 and 304-A of IPC and Section 184 of the Motor Vehicles Act,
1988.
Ratio: The revision application was found to be without any merit and it was dismissed

Section 185 provides for punishment or driving under the influence of drink or drug
 Sangayya Panchkatti Matt vs State11
Bench: V Kanade
Facts: The accused was driving a car and at that time was under the influence of alcohol and
in that condition he deliberately tried to knock down a Police Inspector who was on night duty
at the relevant time.
The Trial Court on the basis of the evidence presented by the prosecution convicted the
accused for the offence punishable under Section 307 of the Indian Penal Code and
under Section 185 of the Motor Vehicles Act, 1988.
Issues:
i) Whether the accused had the intention to commit murder of P.W 5 (the police
inspector) u/s 307 of IPC?
ii) Whether the accused had committed an offence under Section 185 of the Motor
Vehicles Act, 1988?
Law involved: Section 307 of the Indian Penal Code and under Section 185 of the Motor
Vehicles Act, 1988.
Ratio: The Trial Court, had committed an error in coming to the conclusion that the accused
had committed an offence punishable under Section 307 of the Indian Penal Code particularly
when the accused did not have any intention of committing the murder of P.W. 5, Goltekar or
for that matter of any other person. Thus, the appellant original accused is liable to be
acquitted of the offence punishable under Section 307 of the Indian Penal Code.

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I (2006) ACC 52

15
The Trial Court was justified and has given a clear finding that the accused has committed an
offence under Section 185 of the Motor Vehicles Act, 1988 and the imposition of fine of Rs.
1000 and in default simple imprisonment for a period of 1 month is confirmed.

Section 186 provides for penalty for driving a motor vehicle when the driver is mentally or
physically unfit to drive.
Section 187 provides for punishments for failing to comply with Section 132, 133, 134 and
relating to accidents which may be imprisonment or fine or both.
 Shri.Jagadeesh Hatti vs The State Of Karnataka
Bench: Mr.Justice Anand Byrareddy
Facts: Petitioner, driver of a bus belonging to the Karnataka State Road Transport
Corporation, was alleged that, he was driving the bus in a rash and negligent manner, and as a
result of which, dashed into a cyclist, namely, Rajabhakshi, who was coming and followed by
a motorcycle bearing registration. As a result of the collision, the cyclist was thrown off the
cycle and had succumbed to the injuries. Whereas the motorcycle, both rider and the pillion
rider were injured.
Issues: Whether the prosecution proves beyond all reasonable doubts, that committing the
above said accident had ran away from the place of incident without intimating the accident
news to the nearest police station without providing medical facility to the injured,

i) thereby committed an offence punishable under Section 187 of MV Act?

ii) committed an offence punishable under Section 338 of IPC?
iii) committed an offence punishable under Section 279 of IPC?
iv) committed an offence punishable under Section 304-A of IPC?

Law involved: 279, 338, 304-A of IPC and Section 187 of MV Act
Ratio: Conditions for punishment under section 187 of MV act was not made out. With
modifications in the punishment imposed (acquitted the accused for the offence punishable
under Section 187 of M.V.Act, and convicted him for the offences punishable under Sections
279 and 338 and 304-A of IPC and sentenced him to pay fine), the petition is allowed in part.
The default clause in the punishment imposed shall stand as imposed by the Court below.

 Revision vs By Adv.Sri.Leo George12

Bench: MR. JUSTICE P.UBAID
Facts: The accused drove a mini bus rashly and negligently, so as to endanger to human life
and the said bus hit down a pedestrian due to the said rashness and negligence. The pedestrian
succumbed to the fatal injuries sustained in the accident within no time.
12
8 October, 2002 - Kerala High Court

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The accused did not care to secure necessary medical aid to the victim, and when he tried to
escape, he was caught by the people of the locality and handed over to the police.
On trial, the learned Magistrate found the accused guilty of all the offences alleged against
him.
Issues: Whether the accused was prevented by the public in providing medical aid to the
pedestrian?
Law involved: Sections 279 and 304(A) IPC, and Section 187 read with Section 134(a) of the
Motor Vehicles Act (MV Act).
Ratio: The revision petitioner is directed to pay a fine of Rs.500/-, or in default, to undergo
rigorous imprisonment for one month under Section 187 read with Section 134(a) of the MV
Act. The revision petitioner will surrender before the trial court to remit the amount of fine
voluntarily, and he shall also surrender his driving license before the Court for making
necessary entries within three weeks from this date, on failure of which, steps shall be taken
by the trial court to enforce the sentence, and also the disqualification of license.

Section 188 makes provision for abetment of certain offences

Section 189 provides for punishment for offences of racing or trial of speed of any kind.
Section 190 provides for penalty for persons driving and person permitting to drive a motor
vehicle which is in an unsafe condition. It also provides for penalty for driving a motor
vehicle which violates the standards prescribed for safety, control of noise and air pollution
Section 191 lays down that whoever sells a vehicle or alters a vehicle in contravention of the
provisions of Chapter VII is punishable.
Section 192 prescribes offences for driving a motor vehicle without a proper registration
 Narinder Singh vs New India Assurance Company Ltd 13
Bench: M.Y. Eqbal, Pinaki Chandra Ghose
Facts: Petitioner-complainant had purchased a vehicle and got it insured with Respondent No.
1-M/s. New India Assurance Company Ltd. for the period 12.12.2005 to 11.12.2006. The
vehicle was temporarily registered for one month period, which expired on 11.1.2006.
However, on 2.2.2006, the vehicle met with an accident and got damaged.
The District Forum allowed the complaint and directed the Respondent-Company to
indemnify the complainant to the extent of 75% along with interest. The State Commission
allowed the appeal of the Company and dismissing the complaint of the Complainant due to
which the appeal preferred by the Appellant-complainant was dismissed as infructuous. The
appeal to the National Commission was also dismissed.

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(2014)9SCC324

17
Issues: Whether the National Commission is correct in law in holding that the Appellant is
not entitled to claim compensation for damages in respect of the vehicle when admittedly the
vehicle was being driven on the date of accident without any valid registration as
contemplated under the provisions of Section 39 and Section 43 of Motor Vehicles Act.
Law involved: Section 39 shows that no person shall drive the motor vehicle in any public
place without any valid registration.
Section 43, the owner of the vehicle may apply to the registering authority for temporary
registration and a temporary registration mark. If such temporary registration is granted by the
authority, the same shall be valid only for a period not exceeding one month.
Section 192 prescribes offences for driving a motor vehicle without a proper registration
Ratio: In our view, therefore, using a vehicle on the public road without any registration is
not only an offence punishable Under Section 192 of the Motor Vehicles Act but also a
fundamental breach of the terms and conditions of policy contract. Therefore no infirmity in
the order passed by the State Commission and the National Commission.

Section 192A prescribes punishment for driving a motor vehicle without a valid permit
 G.Bali Reddy And Ors. vs Regional Transport Officer And Another14
Bench: B Swamy
Facts: The factual background of this case is that the State Government issued
G.O.Ms.No.54, Transport R& B (Tr.II) Department, dated 31-3-1995 in exercise of its powers
under Section 200 of the Motor Vehicles Act, specifying the compound fee for various
offences under the Motor Vehicles Act and also empowered certain officers of Transport
Department as well as the Police Department to compound the offence
Division Bench of this Court in Writ Petition No.9936 of 1995 dated 23-11-1995 held that for
the violation of Section 192(A) of the Motor Vehicles Act, the authorities are not empowered
to compound the fee in exercise of their powers under Section 200 of the Motor Vehicles
Act. The officials of Transport Department as well as the police continued to collect the
compounding fee and in the event of the failure of the fee by the owner of the vehicle, they are
detaining the vehicles.
Aggrieved by the action of the respondents in trying to collect compounding fee even after the
judgment, the present writ petition was filed.
Issues: Questioning the validity of the said State Government issued notice.
Law involved: Section 192(A) & Section 200 Motor Vehicles Act, 1988
Ratio: Writ petition was allowed and a consequential direction is given to the respondents not
to collect any compounding fee or seize the vehicle for not paying the compounding fee.

14
II (1998) ACC 480, 1998 (2) ALD 92, 1998 (2) ALT 364 – Andhra High Court

18
Section 193 lays down that persons acting as Goods Booking Agents or Travel Agents
without a proper licence are punishable
Section 194 lays down that driving any overloaded vehicle is punishable and that refusal to
stop the vehicle and submit to weighment is also punishable with fine
Section 195 speaks of imposition of minimum fine in certain cases.
Section 196 lays down that driving a motor vehicle and allowing a motor vehicle to be driven
without a valid insurance is punishable with imprisonment or with fine or with both.
Section 197 provides for a penalty of imprisonment or fine o r with both for the offence of
taking away a motor vehicle without authority or by force or by other forms of intimidation.
Section 198 provides for punishment of fine for tampering with a stationery vehicle
Section 199 lays down that where the contravention is committed by a company then the
person who was in charge and was responsible to the company shall be liable for the
punishment.
Section 200 provides for compounding of certain offences under this Chapter by officers
authorised by the State Government for such amount as may be specified by the State
Government.
Section 201 lays down penalty for keeping a disabled vehicle on public road causing
impediment to the free flow of traffic.
Section 202 confers upon Police Officers the power to arrest without warrant persons
committing certain serious offences such as drunken driving, taking vehicle without authority,
etc.
Section 203 empowers the Police Officers to require any person driving a motor vehicle in a
public place to provide for breath test and if, it is found that there is presence of alcohol in his
blood or urine, the Police Officer may arrest him without warrant.
Section 204 lays down the procedure for laboratory test of blood and urine to be followed by
Police officers in suspected cases of drunken driving.
Section 205 lays down that refusal by a driver to submit himself to breath test or urine test to
prove drunkenness without any reasonable case will amount to presumption by the
Prosecution of the driver’s unfitness to drive.
Section 206 gives powers to police officers to impound documents in certain cases.
Section 207 empowers a police officer to impound a motor vehicle if he has reason to believe
that the vehicle is being driven without registration, without a permit, driven by a person who
has no driving licence or plying on unauthorised route and the vehicle may be released only
after satisfying that the vehicle complies with the requirement of this section.

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Section 208 provides for summary disposal of certain cases and the procedure to be followed
in such cases.
Section 209 places some restrictions on conviction of persons for certain offences.
Section 210 requires the Court convicting persons holding driving licence to send intimation
of the punishment awarded with the name and address of the licence holder, licence No., etc.,
to the licensing authority.

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