The term third party has not been defined in the Motor
Vehicles Act or in the rules.“Third party risks’ Road Traffic act 1930 connotes that the
insurer is one party to the contract, that the policy holder is another party,
and that claims made by others in respect of the negligent use of the car, may
be naturally described as claim by third party. In the definition of the term third
party given in section 93 if the Motor Vehicle Act 1939 corresponding to
section 145 of the Motor Vehicles Act, 1988, ‘third party’ is defined to
include the Government. “ A third party risk policy covers liabilities for death or
injury caused to a third person or damage caused to a property of a third party
arising out the use of a motor vehicle. Third party Policy is, therefore, wider
than the Act policy; It covers liability arising from injury to person or
property of a third party or from death of a third party arising out of the use
of a motor vehicle insured. Act policy means an insurance policy which is
issued by an insurer and obtained by the assured under a mandatory provision of
the Act.” Special Provision as to Compensation in case of hit and run motor
accident: The special provision contained in sec. 161 to 163 of the
act of Motor Vehicles. The Act providing for granting relief to victims or the
legal representatives of the victims of “hit and run” motor vehicles accident
cases is another novel effort on the part of the Government to remedy the
situation created by the modern society which has been responsible for
introducing so many facts moving vehicles on Roads. Liability without fault in
certain cases:
- Section 140 (i) of the
Motor Vehicles Act follow as “where death or permanent disablement of any
person has resulted from an accident arising out of the use of a motor
vehicle or motor vehicle, the owner of the vehicle shall or as the case
may be, the owner of the vehicles shall jointly and severally, be liable
to pay compensation in respect of such death or disablement in accordance
with the provision of this section.”
- Section 140(2) says that
the amount of compensation which shall be payable under sub section (1) in
respect of the death of any person shall be a fixed sum of fifty thousand
and the amount of compensation payable under that section in respect
of the permanent disablement of any person shall be fixed sum of twenty
thousand rupees.
- Section 140 (3)
says that in any claim of compensation under sub section (1) of the
section 140 the claimant shall not be required to plead and establish that
the death or permanent disablement in respect of which he claim has been
made was due to any wrongful act. Neglect or default of the owner of the
vehicle or vehicles concerned or of any other person.
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