Page 133 - The Motor Vehicles Act, 1988

SECTION 164 THE MOTOR VEHICLES ACT, 1988 119

162. Scheme for golden hour
(1) Notwithstanding anything contained in the General Insurance Companies
(Nationalisation) Act, 1972 (57 of 1972), or any other law for the time being in force or
any instrument having the force of law, the insurance companies for the time being
carrying on general insurance business in India shall provide in accordance with the
provisions of this Act and the schemes made under this Act for treatment of road accident
victims, including during the golden hour.
(2) The Central Government shall make a scheme for the cashless treatment of
victims of the accident during the golden hour and such scheme may contain provisions
for creation of a fund for such treatment.
163. 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 other provision of this Act or any
other law for the time being in force or otherwise, so much of the other compensation or
other amount aforesaid as is equal to the compensation paid under section 161, shall be
refunded 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 under any
provision of this Act other than section 161 or any other law for the time being in force,
the Claims Tribunal, court or other authority awarding such compensation shall verify
as to whether in respect of such death or bodily injury compensation has already been
paid under section 161 or an 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.
Explanation : 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 the rejection of the
application; and
(ii) in any other case, till the date of payment of compensation in pursuance of
the application.
164. Payment of compensation in case of death or grievous heart, etc.
(1) Notwithstanding anything contained in this Act or in any other law for the
time being in force or instrument having the force of law, the owner of the motor vehicle
or the authorised insurer shall be liable to pay in the case of death or grievous hurt due