Page 55 - The Motor Vehicles Act, 1988

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

(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 grevious hurt, 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 to any accident arising out of the use of motor
vehicle, a compensation, of a sum of five lakh rupees in case of death or of two
and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as
the case may be.
(2) In any claim for compensation under sub-section (1), the claimant shall
not be required to plead or establish that the death or grievous hurt in respect
of which the claim has been made was due to any wrongful act or neglect or
default of the owner of the vehicle or of the vehicle concerned or of any other
person.
(3) Where, in respect of death or grievous hurt due to an accident arising
out of the use of motor vehicle, compensation has been paid under any other
law for the time being in force, such amount of compensation shall be reduced
from the amount of compensation payable under this section.
164A. Scheme for interim relief for claimants
(1) The Central Government, may make schemes for the provision of
interim relief to claimants praying for compensation under this Chapter.
(2) A scheme made under sub-section (1) shall also provide for procedure
to recover funds disbursed under such scheme from the owner of the motor
vehicle, where the claim arises out of the use of such motor vehicle or other
sources as may be prescribed by the Central Government.
164B. Motor Vehicle Accident Fund
(1) The Central Government shall constitute a Fund to be called the Motor
Vehicle Accident Fund and thereto shall be credited—
(a) payment of a nature notified and approved by the Central Government;
(b) any grant or loan made to the Fund by the Central Government;
(c) the balance of the Fund created under scheme framed under section 163,
as it stood immediately before the commencement of the Motor Vehicles
(Amendment) Act, 2019; and
(d) any other source of income as may be prescribed by the Central
Government.