Page 116 - The Motor Vehicles Act, 1988
P. 116

102  THE MOTOR VEHICLES ACT, 1988                             SECTION 135

                                 (a) unless it is not practicable to do so on account of mob fury or any other
                                     reason beyond his control, take all reasonable steps to secure medical
                                                                 1
                                     attention for the injured persons,  [by conveying him to nearest medical
                                     practitioner or hospital, and it shall be the duty of every registered medical
                                     practitioner or the doctor on the duty in the hospital immediately to attend
                                     to the injured person and render medical aid or treatment without waiting
                                     for any procedural formalities], unless the injured person or his guardian,
                                     in case he is a minor, desires otherwise;
                                 (b) give on demand by a police officer any information required by him, or, if
                                     no police officer is present, report the circumstances of the occurrence,
                                     including the circumstance, if any, for not taking reasonable steps to secure
                                     medical attention as required under clause (a), at the nearest police station
                                     as soon as possible, and in any case within twenty-four hours of the
                                     occurrence;
                                2 [(c) give the following information in writing to the insurer; who has issued
                                     the certificates of insurance, about the occurrence of the accident, namely—
                                     (i) insurance policy number and period of its validity;
                                    (ii) date, time and place of accident;
                                    (iii) particulars of the persons injured or killed in the accident;
                                    (iv) name of the driver and the particulars of his driving licence;
                               Explanation: For the purposes of this section, the expression “driver” includes the
                          owner of the vehicle.]
                          3 [134A. Protection of Good Samaritans

                                (1) A Good Samaritan shall not be liable for any civil or criminal action for any
                          injury to or death of the victim of an accident involving a motor vehicle, where such
                          injury or death resulted from the Good Samaritan’s negligence in acting or failing to act
                          while rendering emergency medical or non-medical care or assistance.
                               (2) The Central Government may by rules provide for the procedure for questioning
                          or examination of the Good Samaritan, disclosure of personal information of the Good
                          Samaritan and such other related matters.
                               Explanation : For the purposes of this section, “Good Samaritan” means a person,
                          who in good faith, voluntarily and without expectation of any reward or compensation
                          renders emergency medical or non-medical care or assistance at the scene of an accident
                          to the victim or transports such victim to the hospital.]
                          135. Schemes to be framed for the investigation of accident cases and wayside
                               amenities, etc.
                               (1) The State Government may, by  notification in the Official Gazette, make one
                          or more schemes to provide for—


                          1   Substituted for “and, if necessary, convey him to the nearest hospital” by Act 54 of 1994, w.e.f
                               14-11-1994.
                          2   Inserted, ibid.
                          3   Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-10-2020 vide
                              SO 3311(E), dt. 25-9-2020.
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