Page 122 - The Motor Vehicles Act, 1988

108 THE MOTOR VEHICLES ACT, 1988 SECTION 145

of as aforesaid in the first place.
(3) Notwithstanding anything contained in sub-section (1), where in respect of the death
or permanent disablement of any person, the person liable to pay compensation under section
140 is also liable to pay compensation in accordance with the right on the principle of fault, the
person so liable shall pay the first-mentioned compensation and—
(a) if the amount of the first-mentioned compensation is less than the amount of the
second-mentioned compensation, he shall be liable to pay (in addition to the first-
mentioned compensation) only so much of the second-mentioned compensation as
is equal to the amount by which it exceeds the first-mentioned compensation;
(b) if the amount of the first-mentioned compensation is equal to or more than the
amount of the second-mentioned compensation, he shall not be liable to pay the
second-mentioned compensation.
142. Permanent disablement
For the purposes of this Chapter, permanent disablement of a person shall be deemed to
have resulted from an accident of the nature referred to in sub-section (1) of section 140 if such
person has suffered by reason of the accident, any injury or injuries involving,—
(a) permanent privation of the sight of either eye or the hearing of either ear, or privation
of any member or joint; or
(b) destruction or permanent impairing of the powers of any member or joint; or
(c) permanent disfiguration of the head or face.
143. Applicability of Chapter to certain claims under Act 8 of 1923
The provisions of this Chapter shall also apply in relation to any claim for compensation
in respect of death or permanent disablement of any person under the Workmen’s Compensation
Act, 1923 resulting from an accident of the nature referred to in sub-section (1) of section 140
and for this purpose, the said provisions shall, with necessary modifications, be deemed to form
part of that Act.
144. Overriding effect
The provisions of this Chapter shall have effect notwithstanding anything contained in
any other provision of this Act or of any other law for the time being in force.]
1 [CHAPTER XI
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
145. Definitions
In this Chapter,—
(a) “authorised insurer” means an insurer for the time being carrying on
general insurance business in India and granted a certificate of registration
by the Insurance Regulatory and Development Authority of India
established under section 3 of the Insurance Regulatory and Development
Authority Act, 1999 (41 of 1999), and any Government insurance fund
authorised to do general insurance business under the General Insurance
Business (Nationalization) Act, 1972 (57 of 1972);

1. Chapter XI containing sections 145 to 164 substituted by the Motor Vehicles (Amdt.) Act, 2019 (32
of 2019), dt. 9-8-2019, w.e.f. 1-4-2022 vide SO 859(E), dt. 25-2-2022.
(Footnote contd....... on page No. 123 to 134)