Page 43 - The Motor Vehicles Act, 1988

THE MOTOR VEHICLES (AMENDMENT) ACT, 2019 (xliii)

(d) providing for electronic monitoring and enforcement under sub-section
(2) of section 136A.”.
1 49. Amendment of section 138
In section 138 of the principal Act, after sub-section (1), the following sub-section
shall be inserted, namely:—
“(1A) The State Government may, in the interest of road safety, make rules
for the purposes of regulating the activities and access of non-mechanically
propelled vehicles and pedestrians to public places and national highways:
PROVIDED that in the case of national highways, such rules shall be
framed in consultation with the National Highways Authority of India.”.
2 50. Omission of Chapter X
Chapter X in the principal Act shall be omitted.
2 51. Substitution of new Chapter XI for Chapter XI
For Chapter XI of the principal Act, the following Chapter shall be substituted,
namely:—
‘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
(Nationalisation) Act, 1972 (57 of 1972);
(b) “certificate of insurance” means a certificate issued by an
authorised insurer in pursuance of section 147 and includes a cover
note complying with such requirements as may be prescribed,
and where more than one certificate has been issued in connection
with a policy, or where a copy of a certificate has been issued, all
those certificates or that copy, as the case may be;
(c) “grievous hurt” shall have the same meaning as assigned to it in
section 320 of the Indian Penal Code (45 of 1860);
(d) “hit and run motor accident” means an accident arising out of
the use of a motor vehicle or motor vehicles the identity whereof
cannot be ascertained in spite of reasonable efforts for the purpose;
(e) “Insurance Regulatory and Development Authority” means the
Insurance Regulatory and Development Authority established
under section 3 of the Insurance Regulatory and Development
Authority Act, 1999 (41 of 1999);

1. Enforced w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
2. Enforced w.e.f. 1-4-2022 vide SO 859(E), dt. 25-2-2022.