CHAPTER IX
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
sections 160, section 161 and section 162
sections 160, section 161 and section 162
160. Duty to furnish particulars of vehicle involved in an accident, - A
registering authority or the officer in charge of a police station shall, if so
required by a person who alleges that he is entitled to claim compensation in
respect of an accident arising out of the use of a motor vehicle, or if so
required by the insurer against whom a claim
has been made in respect of any motor vehicle, furnish to that person or
to that insurer, as the case may be, on payment of the prescribed fee any
information at the disposal of the said authority or the said police station
relating to the identification marks and other particulars of the vehicle and the
name and address of the person who was using the vehicle at the time of
accident or was injured by it and the property, if any damaged in such form and
within such time as the Central Government may prescribe.
161. Special provisions as to compensation in case of hit and run motor
accident, - (1) For the purpose of this section, section 162 and section
163 –
(a)
“grievous hurt” shall have the same meaning as
in the Indian Penal Code, 1860 ( 45 of 1860 )
(b)
“hit and run motor accident” means an accident
arising out of the use of a motor vehicle or motor vehicles, the identify thereof cannot be
ascertained in spite of reasonable efforts for the purpose;
(c)
“scheme” means the scheme framed under
section163.
(2) Notwithstanding anything
contained in the General Insurance Business (Notification) Act, 1972 ( 57 of
1972) or any other law for the time being in force or any instrument having the
force of law, the Central Insurance Corporation of India formed under section 9
of the said Act and the insurance companies for the time being carrying on
general insurance in India shall provide for paying in accordance with the
provisions of this Act and the scheme, compensation in respect of the death of,
or grievous hurt to persons resulting from the hit and run motor accidents.
(3) Subject to the provisions of this Act and
the scheme there shall be paid as compensation,-
(a)
In respect of the death of any person resulting
from a hit and run motor accident, a fixed sum of [twenty five thousand
rupees];
(b)
In respect of a grievous hurt to any person
resulting from a hit and run motor accident, a fixed sum of [twelve thousand
and five hundred rupees]
(4) The provisions of
sub-section (1) of section 166 shall apply for the purpose of making
applications for compensation under this section as they apply for the purpose
of making applications for compensation referred to in this sub-section.
162. Refund in certain cases of compensation paid under section 161, - (1)
The payment of compensation in respect of the death of, or grievous hurt to,
any person under section 161 shall be subject to the condition that if any
compensation (hereafter in this sub-section referred to as the other
compensation) or other amount in lieu of
or by way of satisfaction of a claim for compensation is awarded or paid in
respect of such death or grievous hurt under any provisions of this Act or any
other law or otherwise so much of the other
compensation or other amount aforesaid as is equal to the compensation paid under section 161 shall be refundable to
the insurer.
(2) Before awarding compensation in respect
of an accident involving the death
of, or bodily injury to, any person
arising out of the use of a motor vehicle or motor vehicles under any
provisions of this Act (other than section 161) or any other law, the Tribunal
or Court or any other authority awarding such compensation shall verify so as
to whether in respect of such death or bodily injury compensation has
already been paid under section 161 or application for payment of compensation
is pending under that section, and such Tribunal, Court or other authority shall,-
(a)
If compensation has already been paid under
section 161, direct the person liable to pay the compensation awarded by it to
refund to the insurer, so much thereof as is required to be refunded in
accordance with the provisions of sub-section (1);
(b)
If an application for payment of compensation is
pending under section 161 forward the particulars as to the compensation
awarded by it to the insurer;
Explanatin:- For the purpose of this sub-section, an application
for compensation under section 161 shall be deemed to be pending-
(i)
If such application has been rejected, till the
date of rejection of the application; and
(ii)
In any other case, till the date of payment of
compensation in pursuance of the application.
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