Page 69 - The Motor Vehicles Act, 1988

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

(2) Where failure on the part of the designated authority, contractor,
consultant or concessionaire responsible under sub-section (1) to comply with
standards for road design, construction and maintenance, results in death or
disability, such authority or contractor or concessionaire shall be punishable
with a fine which may extend to one lakh rupees and the same shall be paid to
the Fund constituted under section 164B.
(3) For the purposes of sub-section (2), the court shall in particular have
regard to the following matters, namely:—
(a) the characteristics of the road, and the nature and type of traffic
which was reasonably expected to use it as per the design of road;
(b) the standard of maintenance norms applicable for a road of that
character and use by such traffic;
(c) the state of repair in which road users would have expected to
find the road;
(d) whether the designated authority responsible for the maintenance
of the road knew, or could reasonably have been expected to know,
that the condition of the part of the road to which the action relates
was likely to cause danger to the road users;
(e) whether the designated authority responsible for the maintenance
of the road could not reasonably have been expected to repair
that part of the road before the cause of action arose;
(f) whether adequate warning notices through road signs, of its
condition had been displayed; and
(g) such other matters as may be prescribed by the Central
Government.
Explanation : For the purposes of this section, the term “contractor” shall
include sub-contractors and all such persons who are responsible for any stage
in the design, construction and maintenance of a stretch of road.’.
1 85. Insertion of new sections 199A and 199B
After section 199 of the principal Act, the following sections shall be inserted,
namely:—
“199A. Offences by juveniles
(1) Where an offence under this Act has been committed by a juvenile, the
guardian of such juvenile or the owner of the motor vehicle shall be deemed to
be guilty of the contravention and shall be liable to be proceeded against and
punished accordingly:
PROVIDED that nothing in this sub-section shall render such guardian
or owner liable to any punishment provided in this Act, if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
Explanation : For the purposes of this section, the Court shall presume
that the use of the motor vehicle by the juvenile was with the consent of the
guardian of such juvenile or the owner of the motor vehicle, as the case may be.

1. Enforced w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.