Page 54 - The Motor Vehicles Act, 1988
P. 54

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

                                      (4) A scheme made under sub-section (3) may provide that,—
                                        (a) a payment of such sum as may be prescribed by the Central
                                            Government as interim relief to any claimant under such scheme;
                                        (b) a contravention of any provision thereof shall be punishable with
                                            imprisonment which may extend to two years, or with fine which
                                            shall not be less than twenty-five thousand rupees but may extend
                                            to five lakh rupees or with both;
                                        (c) the powers, functions or duties conferred or imposed on any
                                            officer or authority by such scheme may be delegated with the
                                            prior approval in writing of Central Government, by such officer
                                            or authority to any other officer or authority.
                                 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);
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