Act Number: 59

Act Name: The Motor Vehicles Act, 1988

Year: 1988

Enactment Date: 1988-10-14

Long Title: An Act to consolidate and amend the law relating to motor vehicles.

Ministry: Ministry of Road Transport and Highways

Department:

Section 146: Necessity for insurance against third party risk.
    1[146. Necessity for insurance against third party risks. --(1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter:
     Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991).
     Explanation.--For the purposes of this sub-section, a person driving a motor vehicle merely as a paid employee, while there is in relation to the use of the vehicle no such policy in force as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force.
     (2) The provisions of sub-section (1) shall not apply to any vehicle owned by the Central Government or a State Government and used for purposes not connected with any commercial enterprise.
     (3) The appropriate Government may, by order, exempt from the operation of sub-section (1), any vehicle owned by any of the following authorities, namely:--
         (a) the Central Government or a State Government, if the vehicle is used for purposes connected with any commercial enterprise;
         (b) any local authority;
         (c) any State Transport Undertaking:
     Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in such manner as may be prescribed by appropriate Government.
     Explanation.--For the purposes of this sub-section, "appropriate Government" means the Central Government or a State Government, as the case may be, and--
             (i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government;
             (ii) in relation to any corporation or company owned by the Central Government and one or more State Governments, means the Central Government;
             (iii) in relation to any other State Transport Undertaking or any local authority, means that Government which has control over that undertaking or authority.]
    
Notes:
1. Subs. by Act 32 of 2019, s. 51, for CHAPTER XI’ (w.e.f. 1-9-2019).
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