Salient features of the Motor Vehicles Act 1988: accident claims, tribunals, pollution and safety
LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act, Unit III: Salient features of the Motor Vehicles Act, accident claims, Motor Vehicle Tribunal, noise and air pollution, and safety, health and environment issues. · LLB · 60 min
A map of the Motor Vehicles Act 1988 as amended in 2019: its fourteen chapters (licensing, registration, permits, construction and equipment including emission and noise standards, traffic control, insurance, claims tribunals, offences), the 2019 amendment's main changes (Good Samaritans, golden hour, the Motor Vehicle Accident Fund, higher hit-and-run and no-fault compensation, the six-month limit for claims, recall of vehicles, liability for road design, juveniles, enhanced and indexed fines), the remedies the Act gives an accident victim (no-fault compensation under s. 164, hit-and-run compensation under s. 161, a fault-based claim before the Motor Accidents Claims Tribunal under s. 166, insurer settlement under s. 149, interim relief, cashless treatment, appeal under s. 173), its penal provisions (ss. 177-210D) and its provisions on noise and air pollution, safety, health and the environment. It answers 2023-24 Q1(f), 2024-25 Q5(b), 2017-18 Q B4 and 2019-20 Q B6; the detailed law of compensation and insurance is taught in Unit V.
Objectives
- Describe the scheme of the Motor Vehicles Act 1988 chapter by chapter.
- List the main changes made by the Motor Vehicles (Amendment) Act 2019 with their section numbers.
- Explain the remedies available to the victim of a motor accident and the forum for each.
- Outline the penal provisions of the Act, including the 2019 penalties, juvenile offences and the indexation of fines.
- Explain how the Act deals with noise and air pollution, road safety, health and the environment.
Slides
- The Act and its scheme
- Licensing, registration and permits
- Construction and equipment: safety, noise and air pollution
- Control of traffic and road safety
- Insurance: Chapter XI
- Compensation without proof of fault
- Motor Accidents Claims Tribunals: Chapter XII
- Remedies under the Act at a glance
- Penal provisions (1): general, licences and dangerous driving
- Penal provisions (2): vehicles, safety, juveniles and fines
- Safety, health and environment: the Act as a whole
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