 bid no 1m of 1_ 'the motor vehicles (amendment) bul, 1,982a bill further to 4mend the motor vehicles act, 1939 be it coacted by parliament in the tlurty-tbirg year of tho republic of inqia 85 follows:-1 (j) this act may be called the motor vehicles (amendment) act, 1982 short utle , and com-(2) it shall come into force on such date as the central oovernment may, mence-5 -by noti8cation in the official 'gazette, appoint and different dates may be appointment -eel ,for different provisions of this act ' 4011939 2 in boction 7 of the motor vehicles act, 1939 (hereinafter retcrred to as amead-the p1!inclpal act) ,-ment ~f lectlon t '10 (a) in sub-section (2), for the words "and shall cootam the information required by the form", the words "shall contain the information required by the form and shall be accompanied by three c1e8r copies of a recent photograph of the apl11icant" shall be substituted; (b) sub-section (4) shall be omitted, 3, in section 8 of the principal act, in sub-section (l), for the words, amend-pl81lt of eecuonb, 1 ~ brackets and figures "and, in the case of a driving licence to drive as a paid employee or to drive a transport vehicle, one of the photographs referred to in sub-section (4) of section 7", the words, brackets and figures "and one of the pboto~phs referre~ to in sub-section (2) of section 1" shan besubstitutw, 4 in section sa of the principal act, in sub-section (2) ,-amendment of ~tion8h, (a) in the opening portion, for the words and figure "provisiods of section 7", the words, figure and brackets "provisions of section 7 (except the provision requiring the application thereunder to be accompanied by three clear copies of a recent photograph of the applicant)" shall be subs-5 tituted; (b) in the proviso, for the words, brackets and figures "sub-sections (3) and (ot)", the word, brackets and figure "sub-section (3)" shall be substituted 5, after section 11 of the principal act, the following section shall be insert- 10 cd, namely:-insertion of new section lla spec1al provlaion 8a to afftxation of pboto-,rapb in certain easel on drivinl llcenc  ella (1) every person whose application for the issue or renewal of a driving licence to drive other than as a paid employee or to drive a vehicle other than a: transport vehicle is pending before any licensing authority immediately before the appointed day shau, on or as soon as may be after 15 the appointed day, forward tlrree clear copies of his recent photograph to such licensing authority along with an application in writing for the affix ation ot such photograph on the driving licence (2) a driving licence to drive other than as a paid employee qj' to drive a vehicle other than a transport vehicle, issued or renewed under this flo act before the appointed day shall cease to be effective on the expiry of six months from the appointed day, if it does not cease to be effective otherwise earlier, unless the holder of such licence makes, before the expiry of the said period of six months, an application to any licensing authority for the affixation of hi!! photograph on the driving licence (3) an application under liub-section (2) shall give 'particulars relating to the name of the holder of the driving licence, his temporary and permanent adaresses, number and date of issue of the driving licence and the name of the licensinl! authority by whom the licence was issued and shall be accompanied by the driving licence and three clear oopies of a 30 recent photograph of the holder (-i) no fee shall be chargeable with respect to any application made under this section (s) where the authority to whom an application is made under sobaection (2) in respect of ii driving licence is not the authority which issued 35 the driving licence, it shatt intimate the fact of affixation of the photograph on the driving licence to the authority which issued the driving licence explanation-for the purposes of this section, "appointed day" means the date ot commencement of section s of the motor vehicles (amendment) act, 1982' 40 amendmentor secuon 24 6 in section 24 ~ the principal act, in 8ub-section (3), in the proviso, for the words "the letters and figures aforesaid shall be shown", the words "the figures aforesaid shalt be shown in arabic numerals and the letters and figures  aforesaid shall be shown" shall be substituted 7 in section 36 of the principal act,-____  , 45 amendmentor section 38 (a) in sub-section (1), for the words "8 state government may with the approval of the central govenpn~t", the words "the central oov~rn· ment may" shall be substituted; ~ , (b) in sub-section (3), in the proviso, for the words u state government" and for the words "the state gov"l'ddlcilt", the worda '"the central government" shall be substituted 8 after section 69a of the principal act, the following section shau be insertion 5 inserted, namely:-otaew aect10d s9b 10 "69b (1) the central government may make rules regulating the po'" at construction, equipment and maintenance of motor vehicles and trailers centrlil governwith respect to any of the following matters, namely:-ment (a) the width, height, length and overhang of vehicles and of the ~:ke loads carried; (b) the size, nature and condition at lyres (2) rules may be made under sub-section (1) governing the mftters mentioned therein either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular 15 circumstances  9 in section 70 of the principal act,-amend  ment of (q) in sub-section (1), after the words "and trailers", the words section 70 "with respect to all matters other than the matters referred to in clause (a) or clause (b) of sub-section (1) of section 69b" shall be inserted; 20 (b) in sub-section (2), clauses (a) and (e) shall be omitted , 10 in section 86 of the principal act,-amendment of (a) for sub-section (1), the following sub-sections shall be section 88 substituted, namely:-125 ,i (1) the driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination: go provided that the driver may, if his lic;:ence has been sub  mitted to, or has been seized by, any ofticer or authority under this or any other act, produce in lieu of the licence a receipt or other acknowledgment issued by such oftlcer or authority in respect thereof and thereafter produce the licence within ten days at any police station in india which he specifies to the police officer making the demand 35 (ia) the conductor, if any, of a motor \tehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination"; (b) in sub-section (3),-"(i) in the opening portion, tor the words "licence or certificates, as the case may be", the words, brackets, figures and letter "licence referred to in sub-section (ia) or the certificates referred to in subsection (2), as the case may be," shall be substituted; (i) in the proviso, the words "to a driver driving as a paid employee, or tg the driver of a transport vehicle or" shall be omitted 11 after chapter vii of the principal act, the following chapter sball be inserted, namely: -"chapter vila ,  - -'  wmiolty without fault in certain cases92a (1) where the death or permanent disablement of any per-ion bas resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the 10 case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section liabuityto ply compensation in certain cues on the principle of no fault (2) the amount of compensation which shall be payable under 8ub-section (1) in respect of the death 0'£ any person shall be a fixed 15 sum of fifteen thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement ot any person shall be a fixed sum of seven thousand five hundred rupees (l) in any claim for compensation under sub-section (1), the !20 claimant shall not be required to plead and establish that the death or permanent disablement in respect of wh~ch the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person (4) a claim for compensation under sub-section (1) shall not be 25 defeated by reason of any wrongful act, neglect or default of the per-ion in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basts of the share of such person in the responsibility for such death 30 or pemanent disablement 92e (l) the right to claim compensation under section 92a in respect of death or permanent disablement of any person shall be in addition to any other right (hereafter in this section referred to as the right on the principle of fault) to claim compensation in respect 35 thereaf under any other provision of this act or of any other law for the time being in force provision uto other rilht to claim compensation tor death or permanent disablement (2) a claim for compensation under section 92a in respect of deatli or permanent disablement of any person shall be disposed of as dj1editioulily as possible and where compensation is claimed in 40 respect of such death or permanent disablement wider section 92a and also in l'l1tsuance of any right on the principle of fault, the claim for compensation under section 92a shall be disposed of as aforesaid in the first place          i                      -                    i 5 (j) not\vithstancling anything contained in subsection (1), where in respect 01 tbe aeath or permanent cbsablement 01 any person, the person liable to pay compensatlon uncter sectlon 9~a 16 «uso haole to pay compensatlon m accoraance with the fight on the pnnciple of fault, the person so liable shau pay the hrst-mentlonea compensation and-10 (ii) if the amount of the first-mentioned compensation is less than the amount of the second-mentioned compensation, he shall be uab1e to pay (in addition to the nrst-mentloned compensa tion) only so much of the second-mentioned compensauon as is equal to the amount by which it exceeds the nrst-mentioned compensation; (b) if the amount of the first-mentioned compensation is equal to or less than the amount of the second-menlioned compensation, he shall not be liable to pay the second-mmtioned compensatjon, pennanent disablement 20 92c, for the purposes of this chapter, permanent disablement of a person shall be deemed to have resulted from an accident of the nature referred to in sub-section (1) of ection 92a if such person has suffered by reason of the accident any injury or injuties involving-(ii) permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or (b) destruction or permanent impairing of the poweri of any member or jomt; or (c) permanent clisfiguration of the head or face, 8 of 1923 30 92d, the provisions of this chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the workmen's compensation act, 1923 resulting from an accident of the nature referred to in sub-section (1) of section 92a ,and for this purpose, the said provisions shall, with necessary modifications, be deemed to form part of that act, applicability of chapter to certain claims under act 8 of 1923 ovel'-riding eft'ect 92e, the provisions of this chapter shall have effect notwith-standihq' anythini ~ontained in any other provision of this act or of any other law for the time being in force", 35 12, in section 93 of the principal act, after clause (b), the following !clause shall be inserted, namely:-amendment of section 93 '(ba) "liability" wherever used in relation to the death of or bodily injury to any person includes liability in respect thereof under section 92aj', 13, in section 95 of the principal act, in bub-section (~),-| amend    |     ||----------|-------|| ment     | of    || aection  |       || 9s      |       |(a) in clause (ii), for the words "fifty thousand rupees", the words "one lakh and fifty thousand rupees" shall be substituted; 45 (b) in clause (b), for subclause (iii), the following sub-clause shall be substituted, namely:-"(ii) in respect of passengers, a limit of fifteen thousand rupees for each individual passengerj"; (c) in clause (d), for the words "two thousand", the words "six thousand" shall be substituted 1'- after section 109 of the principal act, the following sections shall be inserted, namely:-insertion of new sections l09a, l09b and 109c '109a (1) for the purposes of this section, section 109b and see-5 tion 109c,-(a) "grievous hurt" shall have the same meaning as in the indian penal code; "5 of 1860 special proviliods 8s to compensa tion in cases of hit and run motor accidents (b) "hit and run motor accident" means an accident arising out of the use of a motor vehicle or motor vehicles the identity 10 whereof cannot be ascertained in spite of reasonable efforts for the purpose; (c) "scheme" means the scheme framed under section lo9c; (d) '~solatium fund" means the fund established under sub-":,1~ section (2) 15 (2) the central government may, by notification in the oftielal gazette, establish a fund to be known as the solatium fund (3) the solatium fund shall be utilised for paying, in accordance with the provisions of this act and the scheme, compensation in respect of the death of, or grievous hurt to, persons resulting from hit !lo and run motor accidents (4) notwithstanding anything contained in the general insurance business (nationalisation) act, 1972 or any other law for the 57 of 1972 time being in force or any instrument having the force of law, the general insurance corporation of india formed under section 9 of the '25 said act and the insurance companies for the time being carryi~g on general insurance business in india shall make to the solatium fund such contributions as the central government may from time to time by order in writing specify, and in addition to such contributions, the said fund shan consist of- ' go (a) such sums as the central government may, after due &mtropriation dlade by parliament by law in this behalf, pro  vide from time to time; (b) such sums as the state governments may from time to time contribute; and 35 (c) such other sums as may be received (whether by way of refund, gift, donation or in any other manner) for being credited to the fund (5) subject to the provisions of this act and the scheme, there 40 shall be paid as compensation out of the solatium fund,-(4) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of five thousand rupees; (b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of one thousand 45 rupees:' , provided that where the sum standing to the credit of the sola  tium fund is not adequate for meeting any claim for compensation under this section, such claim may be kept pending for payment till such time as the sum necessary for meeting it becomes available in the fund ·i~t~l (6) the provisions ot sub-section (1) of section lloa shall apply for the purpose of making applications for compensation under this section as they apply for the purpose of making applications for compensation referred to in that sub-section 10 refund in certain case, of compensation paid under section l09a i09b (1) the payment of compensation in respect of the death of, or grievous hurt to, any person under section i09a shall be sub ject to the condition that if any compensation (hereafter in this subsection 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 or otherwise, so much of the other compensation or other amount aforesaid as is equal,to the com pensation paid under section l09a shall be credited to the solatium ,"una by way of refund (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 or motor vehicles under any provision of ws act (other than section l09a) or any other law, the tribunal, court or other authority awarding such compensation shall verify alii to whether in respect of such death or bodily injury compensation has already been paid under section l09a 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 i09a, direct the person liable to pay the compensation awarded by it to pay into the solatium fund so much thereof as is required to be credited to that fund in accordance with the pro_ visions of sub-section (1); (b) if an application for paym~nt of compensation is pending under section l09a forward the particulars as to the compensation awarded by it to the authority in which the sci!attum , ' - --'--, fund vests ' e%'planatfon-for the purposes of this sub-section, an application for compenaation under section t09a shalt ~e deemed to be pendfng-i , , " (f)" if such application has been rejected, till the date of the rejection of the application, and ' (ii) in any other rase ti11 the date of payment of compensation in pursuance of the application  45 schemo for the administration of the solatium funel lo9c (1) th~ central government may, by notification in the oftidal gazette, malt a scheme specifying th~ authoritv in which the solatium fund "hall vest the mllnner in whkb the fund shall be administered, the form manner and the tid'l<e within which 81)pli cations for compensation from the fund may be made, tbe officers or authoritier to whom sut!h ano1ieations may be made, the procedure to he fonawed by such officers or auth~rities for considering """-i, •• ,-  n" , and passing orders on such applications, and all other matters con-nected with, or incidental                             to, the adminlstration                                                     qf the fund                                                                   andthe payment of compensation therefrom(2) a scheme made under sub-section                                    (1)                                        may provide that-(a) a contravention                          of any provision thereof shall be punish-                                                                                   5able with imprisonment                       for such term                                      as may be specified butin no case exceeding three months, or with fine which may ex-tend to such amount as may be specified but in no case exceed-ing five hundred rupees or with both;      (b') the powers, functions or duties conferred or imposed on 10any officer or authority                                     by such scheme may be delegated, withthe prior                approval                               in writing                                                 of the central                                                                         government,                                                                                                bysuch officer or authority to any other officer or authority;    (,c) any provision of such scheme may operate with retros-pective effect from a date not earlier than the date of establish • 15ment      0'1 the solatium fund:    provided that no such retrospective                                         effect shall be given soas to prejudicially                    affect the interests                                        of any person who maybe governed by such provision                                                      ~o   (3) every scheme made under this                                 section                                       shall                                             be laid,                                                    assoon as may be after it is made, before each house of                                             parliament,while it is in session,for                            a total period of thirty                                                      days which may becomprised          in one session or in two                                      or more                                               successive                                                          sessions,and if, before the expiry of the session immediately                                                    following                                                               the 25session or the              successive sessions aforesaid both houses agree                                                                inmaking any modification in the scheme or both houses agree                                                              thatthe scheme should not be made, the scheme shall thereafter                                                             haveeffect only in such modified form or be of no effect, as the case maybe; so, however, that any such modification or annulment                                                             shall bewithout        prejudice to the validity of anything previously done under 30that scheme'   15 in section 110 of the principal act, in sub-section                                                                    (1), the follow-ing explanation                   shall be inserted at the end, namely:-amendmenta!section110'explanation~for                    the removal of doubts, it is hereby                                                           declaredthat the expression "claims for compensation in respect or' accidents 35involving          the death                     of, or bodily injury                                           to, persons                                                       arising out ofthe use of motor vehicles" includes claims for compensation                                                               undersection 92a'                                               ,','                                                      i                                                           c                                                               t·-::-c-'~·-16 in section lloa of the principal act,-,',(a)in sub-section(2)", the following proviso shall be inserted 40at the end, namely:-amendmenta!section110a •   "provided               that                    where                            any claim for compensation                                                          undersection 9'2a is made in such application" the application                                                           shallcontain a separate                   statement                              to that                                      effect immediately                                                          beforethe    signature                of the applicant";                                                                       45(b) in sub-section                   (3), for the words "compensation                                                       under thissection", the words "such compensation"                                         shall be ~ubstit\1ted!act, for the words "may claimand letter"may, withoutpreclaim such compensation"shallamend;mentorsectionlloaa   17 in section lloaa of the principalsuch compensation",                     the words,                                  figuresjudice to the provisions of chapter vila,be substitutedi518 in section 110b of the principalact,-amend ,mentorsection110b(a)for the words "hold an inquiry into the claim and may makean award", the words "hold an inquiry into the claim or, as the casemay be, each of the claims and, subject to the provisions of section109b, may make an award" shall be substituted;10(b)the following proviso shall be inserted at the end, namely:-               "provided                          that                               where                                       such                                             application                                                         makes                                                                a claim                                                                         for          compensation                         under                                section 92a in respect                                                       of the death or per-          manent                   disablement                                of any person, such claim and any                                                                       other          claim (whether                           made in such application                                                     or otherwise)                                                                   for com-15          pensation                     in respect                                 of such 'death or permanent                                                                disablement          shall be disposed of in accordance with the provisions of chapter          vila"   19 in section 110cc of the principal act, for the word "chapter",                                                                      theword "act" shall be substitutedamend;mentor section110cc20      20 in section 113a of the principal                                             act, 'for the words "five hundred   rupees", the words "one thousand                                        rupees"                                                 shall be substitutedamendmentotsection113a21 after section 113a of the principal act, the following section shall be inserted, namely:-insertionof newsection113b   "113b whoever drives a motor vehicle in contravention                                                            of sec-tion 3 or section 4 shall be punishable                                     with imprisonment                                                        for a termwhich may extend                  to three months, or with fine which may extendto' five hundred               rupees/ or with both"driving vehiclesin contraventionof section3 orsection 422 in section 115 of the principal act" in sub-section(1),--amendmentof(i)for the words "two hundred rupees", the words "four hundredsection115rupees" shall be substituted;      (ii)             for the words "five hundred                                                            rupees", the words "one thou-sand       rupees"                   shall                           be substituted23 in section 116 of the principalact,-(a)for the words "five hundredrupees",the words "one thou-amend; ment of section116sandrupees"shall be substituted;(b)for the words "one thousand rupees", the words "two thousand rupees"shall be substituted24 in section 120 ot" the principal act, for the words "three hundred rupees", the words "five hundred rupees" shall be substituted 25 in section 123 of the principal act, in sub-section (1) ,-• , amendment of section 120 amendment of section 123 (i) for the words c'one thousand rupees", the words "two thousand rupees" shall be substituted; (ii) for the words "two thousand rupees", the words "three thousand rupees" shall be substituted 26 after section 127 a of the principal act, the following section shall be inserted, namely:-insertion of new aection 127b composition of certain offences "127b (1) any offence [whether committed before or after the 10 commencement of sect:on 26 of the motor vehicles (amendment) act, 1982] punishable under section 112, section 113, section 113a section 113b, section 114 sub-sections (1) and (2) of section 115, section 116, sect:on 118, section 120, section 122, section 123, section 124, section 125 or section 127 may, either before or after 15 the institution of the prosecution, be compounded by souch officers or authorities and for such amount as the state government may, by notification in the official gazette, specify in this behalf (2) where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further 20 proceedings shall be taken against him in respect of such offence"  27 in the first schedule to the principal act,-(a) in form a, in section i, after item (g), the following shall be inserted, namely:-"1 enclose three copies of a recent photograph"; lz5 amend_ ment of the first schedule (b) in form aa, the brackets, letter and words" (l) three copies of a recent photograph" shall be omitted; (c) in form d, for the words "photograph if necessary" the word "photograph" shall be substituted there has been a rapid development of road transport during the past few years and a large increase in the number of motor vehicles on the road the incidence of road accidents by motor vehicles has reached serious proportions during the last three years, the number of road accidents per year on the average has been around 145 lakhs and of these the number of fatal accidents has been around 20,000 per year the victims of these accidents are generally pedestrians belonging to the less affluent sections of society the provisions of the act as to compensation in respect of accidents can be availed of only in cases of accidents which can be proved to have taken place as a result of a wrongful act or negligence on the part of the owners or drivers of the vehicles concerned having ref"lrd to the nature of circumstances in which road accidents take place, in a number of cases, it is difficult to secure adequate evidence to prove negligence further, in what are known as "hit-and-run" accidents, by reason of the identity of the vehicle involved in the accident not being known, the persons affected cannot prefer any claims for compensation it is, therefore, considered necessary to amend the act suitably to secure strict enforcement of road safety m~ures and also to make, as a measure of social justice, suitable provisions first for compensation without proof of fault or negligence on the· part of the owner or driver of the vehicle and, secondly, for compensation by way of solatium in eases in which the identity of the vehicle causing an accident is unknown a number of suggestions have been received for amendment of the act from the state governments, union territory administrations, representative organisations and other persons for making the provisions of the act mare effective the law commission of india, in its fifty-first report on compensation for injuries caused by automobiles in hit-and-run cases, has made certain suggestions with respect to hitand-run cases the law commission has also made a number of suggestions in its eighty-fifth report on qaims for compensation under chapter viii of the act the examination of these suggestions would take some time the more important of these suggestions, which require to be implemented urgently, have been identified and it is proposed to give effect to the same through the present bill 2 the bill seeks to give effect to the following proposals:-(a) a new chapter vila, providing for pllyffient of compensation in certain cases of accidents without proof or fault or negligence on the part of the owner or the driver of the motor vehicle is obeing inserted in the act under this chapter, the owner of the vehicle involved in an accident will be liable to pay compensation of a fixed sum of rs ] 5,000 in respect of the death of a person and a fixed sum of rs 7,500 in respect of permanent disablement of any person for securing this compensation, it will not be necessary to prove any wrongful act or negligence on the part of the owner or the driver of th£ vehicle right to claim the compensation aforesaid is without prejudice to any right to claim a - ,\j ; higher compensation on the basis of the wrongful act or negligence of the owner or the driver of the vehicle however, the compensation payable - by an owner on the ba~is of wrongful act or negligence on his part would be reduced by ~he compensation already pttid b}' him under this chapter it has also -been provided that the claim for compensation wider the chapter should be disposed of as expeditiously as possible the benetit of the proviions of the chapter would also ~ avl,lilable in ca~ where compensation is claimed in respect of a motor accident under any other law, as for example !hc workmen's compensation act, 1923 ilj!lay also be mentioned that the owner of a vehicle will haye to insure himself against liability to third parties under this chapter to the same extent aa he has to insure himself against liability to third parties in cases where he is in default or negligent (vide clauses 11, 12, 1~, 16, 17, 18 and 19) (b) a fascicle of sections is being inserted immediately after section 109 of the act to provide for compensation in cases of hit-and-run motor accidents these provisions envisage the establishment of a solatium fund by the central government for the purpose of paying compensation in cases of ~t-and-run motor accidents the fund will consist of contributions by the general insurance corporation and insurance companies carrying on general insurance business in india, contributions by the central government, state governments and other sums which may be received for being ('redited to i! from any source provi'3ion is being made for payment of compensation only in cases of death or grievous hurt as defined in the indian penal code the compensation payable in respect of death of a person in a hit-and-run motor accident will be a fixed sum of rs 5,000 while the compensation payable in case of grievous ,hurt to a person is a fixed sum of rs 1,000 in the event of ~he identity of the mo~or vehicle involved in ,the accident becoming subsequently found out and compensa!ion being recovered through the cairns trihunal or court or other authority in respect of the death of or for grievooo hurt to any person for which compensation has been paid from the solatium i-und, the compensation paid from the solatium food will have to be refunded to the fund tqe provision is also being made for the making of a scheme to provide for the authority in which the solatium fund shall vest for the administration of the solatium fund and for all matters i connected with payment of compensation from the solatium fund [vidt" clauses 14 and 18 (a)] j (c) it is proposed to make it comqulsory for every pe~son driving a motor vehicle to have his photograph affixed on his licence suitable provision is also being made for giving sufficient time for existing holders of driving licences to have their photographs affixed on their licences (vide clauses 2, 3, 4, 5 and 27) (d) it i's proposed to make it compulsory for persons driving motor ve!1icles to keep their driving licences in their possession on all occasions while driving this will enable speedy detection of persons driving vehicles without licences (vide clause 10) (e) with a view to ensuring uniformity in respect of di~play of figures in the registration marks of vehicles, it is being provided ' that such figures shall be in arabic numerals (vide clause 6) {f) the power to prescribe registered laden weights and safe axle weights for transport vehicles, which is at present with the state governments, is being transferred to the central government with a view to securing uniformity (vide clause 7) (g) the power to make rules with respect to specifications for colls-truction, equipment and maintenance regarding length, width, height, etc, size, nature and condition of tyres of vehicles which is at present with the state governments, is being transferred !o the central government with a view to achieving uniformity (vide clauses 8 and 9) (h) with regard to third p'arty insurance risk, the insurance liability is, at present, fixed under the act with reference to the vehicle as a whole this is proposed to be altered in the case 'of public service v~hicles to provide a limit with reference to the passengers the limit with respt",ct to the insurers' liability to a passenger involved in an accident in a public service vehicle is being fixed at rs 15,000 the existing limits of insurance liabiliy in re'spect of goods vehicles as also damage to property are proposed to be raised (vide clause 13) (i) a specific offence is being provided for to cover cases of driving of motor vehicles in contravention of sections 3 and 4 of the act (vide clause 21) (j) with a view to speedy disposal of cases, provision is being made fbr' compounding of certain offences un,der the act this provision would also apply to pending cases (vide clause 26) (k) the punishment by way of fine for offences under sections i13a, 115 (l ), 116, 120 and 123 are proposed to be raised (vide clauses 20 and 22 to 25) 3 the bill seeks to achieve the above objects new delhi; thl! 6th august, 1982  sit aram kesri   ,1  pres10ent's recommendatjon under article 117 of the constitution of india[copy of letter no tgm(l )/79, dated the 5th august, 1982 from shri sitaram kesri, minister of state in the ministry or- shipping and transpon to the secretary, lok sabhal  the president, having been informed of the subject matter of the bill fuft~er to amood the motor vehicles act, 1939 reconnnends, under clause (3) of article 117 of the constitution, its consideration by the lok sabha sub-:,;ection (2) of new section 109a "as proposed to be inserted in the principal act by clause 14 of the bill provides {or the establishment of a fund to be kno~n as the solatium fund andsub-scction (4) (a) of the said new section envisages the making by the central government of contribu:ions to the fund after due appropriation made by parliament by l'aw in that behalf sub-section (1) of new section ] 09c as proposed to be inserted in the principal act by the same clause provides for the making of a scheme by the central government for specifying inter alia the authority in which the solatium fund shall vest and the manner in which the fund shall be administered the solatium fund is being established for the purpose of making provision for payment of compensation in respect of the death of, or grievous hurt to, persons resulting from hit-and-run motor accidents, that is to say, accidents arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite ot reasonable efforts for the purpose while the major portion of the contribution to the fund will be from the general insurance corporation and the companies carrying on general insurance business in india, it is estimated that the central government may have to conti ibljle about fifteen per cent of the amount required the exa~t amount which will have to be maintained in the solatium fund cannot be estimated at this stage as that will depend upon the number of hit-and-run accidents which may take place and also on the number of persons who may have to be compensated from out of the fund however, it is estimated that the recurring expenditure by way of contributions by the central governmcnt to the fuod is likcly to be of the order of rs 15 lakhs per year and the expenses of the central government on the administration of the fund arc likely to be about rs 5 lakhs per year there would be soilll non-recurring expenditure with regard to the setting up of the office of the authority for administering the fund this is likely to bc of the order of rs 50,000 2 the bill docs not involve any other expenditure of a recurring or nonrecurring nature clause 7 of the dill seeks to amend section 36 of the prindpal act so as to enable the central government, having r:egard to the matters mentioned therein, to specify, by notification in the official gazette, in relation to each make and model of a transport vehicle the makimutol safe laden weight of such vehicle and the maximum safe axle weight of each axle of such vehicle clause 8 of the bill seeks to insert a new section 69b in the principal act so as to enable the central government to make rules regulating the construction, equipment and maif'ltenance of motor vehicles and trailers with respect to their width, height, length and over-hang of vehicle',> and of the loads carried by them, and the size, nature and condition of their tyres these powers at present vest in state governments with a view to ensuring uniformity, the central government is proposed to be empowered in this behalf 2 gause 14 of the bill seeks to insert new sections j09a, 109b and i09c in the principal act the proposed sections provide for compensation in cases of hit-and-run motor accidents, establishment of solatium fund for purpose and matters connected therewith the propc·"ed section i09c empowers the central government to make a scheme specifying the authority in which the solatium fund shall vest, the manner in which the fund shall be administered, the form, manner and the time within which app~ications for compensation from the fund may be made the oflkcrs or authorities to whom such applications may be made, the procedure to be fohowed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the fund and the payment of compensation therefrom it also enables the central government to provide, subject to certain limitation';" punishment for contraventiori of any provision of such scheme, for delegation of powers, functions or duties conferred or imposed on any officer or authority by such scheme to any other officer or authority and also to give restrospective effect to any \iuch scheme, but not earlier than the date of establishment of the solatium fund and also subject to the condition that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provision provision has also been made for laying of such scheme before both houses of parliament 3 the delegation of legislative power under the aforementioned provisions relates to matter, of procedure or detail the delegation of legislative power is, therefore, of a normal character (4 of 1939) - - - - - - grant r driving licence 7 (1) - - - - - (z) every application under sub-section (1) shall be in form a as set forth in the first schedule shall be signed by, or bear the thumb impression of the applicant in two places, and shall contain the information required by tho form - - - - - (4) everv application for a driving lioence to drive as a paid employee and every application for a driving licence to drive a transport vehicle shall be acc()mpaniod by three clear copies of a recent ph()tograph of the applicant - -  - - form and contents of driving licellc:e 8 '(1) every driving licence, except a driving licence issued under section ]4, shall be in form d as set f()rth in the first schedule and shall have affixed theroto one of the signatures or thumb impressions given on the form of application for the driving licence and in the case of a driving licence to drive i" a paid employee or to drive a transport vehicle, one of the photographs referred to in sub-section (4) of section 7 - - - - - sa (1) -  - - addition$ to driving licence (2) the provisions of section 7 shall apply to an application under this section as if the application were for the grant of a licenc, un1er that sejtion to ~rive the class of motor vehicle which the applicant desires to hie added to his licence: provided that the provisions of sub-sections (3) and (4) of that section shall not apply where the applicant is the holder of a licence to drive as a paid employee ot to drive a transpon vehicle - - - - jlqistration, bow to be made ~4 (1) - - - - (j) the registering authority shall assign to the vehicle, for display thereon in the prescribed manner, a distinguishing mark (in this act referred to as the regtstration mark) consisting of one of the groups of such of those letters as are allotted to the state by the central government from time to time by notifica-·tion in the official gazette, followed by a nuinber containing not more than four figures: provided that the letters and figures aforesaid shall be shown-(a) in the c'dse of transport vehicles, in black on a white gro:tnd; (b) in the case of motor vehicles temporarily registere;;!, in roj, on a yellow ground; (c) in thc case of motor vehicles in the possession of dealers, in white on a red ground; (d) ;n other cases, in white on a black ground   - - - - 36 (1) having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, other than a motor cab, and its make and model and other relevant considerations, a state government may, with the ap-s~cialp~o­visions in regard to transport vehiclc!l proval of tho cen1ral gov«nment~, by notification in the official gazette, specify in relation to each make and model of a transport vehicle the maximum safe lad~n weight of such vehiclo and the maximum sde axle weight of each axle of such "vehlcle (1) 'there shall not be entered in tm certificate of registration of any such vehicle any laden "oight of the vehicle or a registered axle weight of any of its axles different from that specified in the notification under sub-section (1) in relation to the make and mbdel of the vehicle and to the number, nature and size  of tho tyres attached to its wheels: provided that where it appears to·a state (jovernment that heavier weights than those specified in the notification und01' suthection (1) may be permitted in a particular locality for vehicles of a particular type, the state government may, by' order in the  official gazette, direct that the provisions of this sub-section shall apply with such modific:!tions as may be specified in the order  - power to make rules 70 (z) a state government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers (,) wittout prejr<lice to 1hegenerality of the foregoing power, rules may to made under this section governing any of the following mattei's either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances namely:-(a) the wi<lth, height, length and overhang of vehicles and of the loads carried ; - - - - - (c) the size, nature and condition of tyres; - - - - - duty to produce licence and certificate of registration u:(l) ite drwer and tho coilductor, ifany,ofa motorvchkls in any public place shall, on demand by any police officer in uniform, produce hislioetloe for examinati ')n - - - - - (3) if the licence or certificates, as the case may be, are not at the time in  thepobtitssion of the- ~rson to wh<m demand'is jdiidt; it'mall be·a sufficient com- pliance ;with this section if' 9iich per8c)n produces thc;hcenoc or certificates within  : ten days at rny policl' statj(jjj in lj1dia which m specifies to the pdlioe officer or authority making the demand: provided that, except to such extent and with such modifications as may be prescri1:ed, the provisions of this sub-section shall not apply to a driver driving as a paid employee • or to the driver of a transport vehicle or to aqyperaon required ,to produce the certificate, of resistratiod or the certificato of fitaess 0£ a transport vehicle - - - - - definitions  93 in this chapter -- - - - - 95, (1) - - - - - , requil'f'o menu of policie and limit of liability - (z) subject to the proviso to sub-scotiol (1) n policy of insurance shall  cover anyiiabjjity incurred in respect of anyone acckl",t up to the following  limits namely:-(a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all including the liabilities, if any arising under the  'yorkme(l's compensation act, 1923, in respect of tho death of or bodtly uijuryto, ernployete (other than the driver), not excooltins six in number, being carrie:t in tho vehicle;  (b) whore the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of emplo),mont,-- - - - - (ii) in respect of passengers,-(z) a limit of fift)' thousand rupees in all where the vehiclo is registered to carry not more than thirty passengors; (2) a limit of seventy-five thousand rupees in all whore tho vehicle is reaistered to carry more than thirty but not more than sixty passengers; (j) a limit of one lakh rupees in all where the vehicle is registered to carr)' more than sixty passengers; and claima tribunab (4) subject to the limits aforesaid, ten thousand rupees for eaoh individual passenger where the vehicle is a motor cab, and five thousand rupees for each individual passenger in any other case; - - - - - (d) irrespective of the class of the vehicle, a limit of rupees two thousand in all in respect of damage to any property of a third party - - 41 - - 110 (1) a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals (hereinafter referred to as claims tribunals) for such area as may be specifiej in th' o()tification for the purpose of adjudicating upon claims for comp:nsatioll in rc'>j)dt of accidents involving tho death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any prop~rty of a thirj plrt)' so arising, or bath:· provided that where such claim includes a claim for cjmp:n  ation in respect of damage to property exceeding rupees two thousand, the claimant may, at his option, refer the claim to a civil court for adjudication and where a reference is so made, the claims tribunal shall have no jurisdiction to entertain any question relating to such claim - - - - - application for compell- don 110a (1) - -  - - (2) ever)' application under sub-soction (1) shall b, mad" to th, claim, tribunal having jurisdiction over the area in which the accident oxurred, and shall be in such form and shall contain such particulars as may be prescribed (~) no application for compensation under this se::tion shall bo entertainei unless it is made within six months of the occurrence of the accident: provided that the claims tribunal may entertain the application after the expiry of tho said period of six months if it is satis6o:l that the applicant was prevonted by sufficient cause from making the application in tim,   noaa notwithstanding anything co:lt~ine::iin the workmn'~ collp,nsabon act, 1923, w,here the death of or boddy idjury to any porson gives rise to a claim for compensation under this act and also under the workmen's compensation act, 1923, the person entitled to compensation may claim such cqm~ ponsation under either of those acts but not under both  option regarding claima for compcn  -tioll ill certain cue award of the claim tribunal :1i0b on ~eoeipt of an application f<?r comp):natio:1 mlj, under section tloa, the c]al~ ~n~unal shall, after giving the plfthn an oppntunity of being heard, hold an inq1l;1ry mto the claim and ~y mak~ an awari determining the amount of compensation which appears to jt to ~:i just and sp,cifying tll~ person or persons to whom comp)nsatlt>n shall b, p:l1d; and in mlking tho award tho claims tribuna] shall spocify the amount ,wbich shall be paid ~~' the imurolc or t ; owner or driver of the vehicle involve:! in the accident or by all or any of them, as the case may be  | award        ||--------------|| interest     || where        || any          || claim        || is           || allowed     || allowing     || unauthorised || periods      || to           || drive vehi  || cles        |llocc where any court or claim4j tribunal allows a claim for compensation made under this chapter, such court or tribunal mly dir~~t thlt inaddi_ tion to the amount of componsation simple interest shall also be paid at such rate and from such date not earlier than th(') d1te of m'lking th') claim as it may specify in this behalf - - 113a whoever, being the owner or person in chargll of a m()tor vehicle, causos, or permits, any person who does not satisfy the provisionq of section 3 or section 4, to drive the vohiclc shall be puni9hable with im,risonm):tt for a term which may extend to three months, or with fine which may extend to five hundrej rupejs, or with both 115 (1) whoever drives a motor vehicle in contravention of section 71 shall be pwlishable with fine which may extend to two hundrod rupees, or, if hav1l18 boon previously convictod of an offence under this sub·saction is again convicted of an offence under this sub-section, with fin" which may extend to five hundred rupcc3 116 whoever drives a motor vehicle at a speed or in a mlnner which is danpolls to the public, having regard to au the circwmtance'l of the case including the nature, condition and use of the place where the vohiclo is drivon and the amount of traffic which actually is at the thm or which migltt nlsonably be expectod to be in the place, shall be punishablo on a first conviction for too off¢nc, with imprisonment for a term which may extend to six m'lnths, or with fine which may extend to five hundred rupees, and for a subsequont offenc, if committed with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, and for a subsequ:mt offmc·:; if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, o~ with fine which may extend to one thousand rupoos or with both  - - - - - no whoever without the writton consent of tha stato government plrmits or takes part in a raoo or trial of spood betwoon mltor vohicles in any public place shall be punishable with imprisonment for a term which may extend to one m :>nth, or with fine which may extend to three hundred rup~c:!, or with both - - - - - - 123 (1) whoever drives a motor vehicle or causes or allows a motor voh:cle to be used in contravention of the provis:ons of soction 22 or without the permit requirod by sub-section (1) of 9oct:on 42 or in contravention of any condition of such permit relating to tho route on which or the area in which or tho purpose for which tho vehicle may be used or to the maximum number of passengers and maximum weight of lu~gage that may be carried on the vehicle, shall bel punishable for a first offence with fine which may extend to one thousand rupees and for any second or subsequent offence with imprisonment which may extend to six months, or with fine which may extand to two tbusand rup:m, or with both: providod that no court shall, except for reasons to be stated in writing, impose a fine of less than five hundred rupees for any such second or subsequent offence - - - - !  formsform a [see section 7(,)] fonn df applicatlonfor lir:eilce,todr;ve'tl motor pehicle -i application i apply for a licence to enable me to drive as a plid employ", p:jblic s~r­vice vehicles, goods vehicles, the vehicles i wish to ddv b,ing of the followina class(es)- -   - (g) a vehicle of a special typ" (description 'attached) lood8tructed'or , - aclaptcd to be driven by me ·strike oul whichever is n91 applicable - - -  form aa(see scctioll' 8at) -- - form of application for the addition of anew class of vehicle to a driving' licence i, shri/shrhnati/kumari  , hereby apply for the addition of the following class/classes of motor vehicle to the attached licence; (a) motor cycles, (b) invalid',carriases, (c) lipt motor vehicles (d) medium somb vehiclet; (e) medium passenger motor vehicles, (ei) heavy 800:h vehicles t i (eii) heavy passenger motor wbieles, (f) road ;1'o11ers, (g) a vehicle of a special type (description attached) constructed or adapted to be driven by me 1 enclose, (a) a medical certificate, (b) three capios of a recent photojl'aph i" ,  required only where the applicant is not entitled to driveas a paid employee or to drive a transport vehicle and now wishes to do so s~rikeoutifnotapplicablo dated   19 signature or thumb impression of applicant note-no fee other than a fee for a test of competence to drive is char,oablo for the addition of a dew clasa()f vohicle to a'drjvins licence  certificate of tnt of ability 16 drive-the applicant has passed/failed in the test spociticd illthe third schedulo to the motor vehicles act,19j9; the test was ooncillotod on a (here;, enter des-' cription of\!ehielc) on dato driving licence' ~o   19   (namo) • wifo/son/daughter of   of (pondanont addrossr  :   -     -          -              -                   "                        " ••• " ••••• ii -                                                                               " ••• " •• "                                                                                                                    " •••• " ••••••••• " ••••••• " •••• "                                                                                                                                                                                                                                                           "                                                                                                                                                                                                                                                                " ••••••• " •• " ••• "                                                                                                                                                                                                                                                                                                                                           - (tomporary  address)~·    " " ,  "  "  " " " "  "  "  "  "  " " " "  " "  " " "  "  " "  " " "  "  "  "  " photojl1lph if neceuary slgrjq~ or thumb impreslion is uccnsod to drivo, throughout india, vohldes of-tho followin, doscription :-(a) motor cyclos, (b) invalid carriagos, (c) lilht motor voblclos, (ti) modium goods vohlcl08, (e) medium passooaor motor vohicles, (el) heavy goods vehicles, (ell) boa vy passongor motor vohialos, (f) road rollers (g) a motor vohic1o horoundor doscribed :-" ••• i" •••••••••••• " •••••••••••• 1 ••••••••• ii •• ii ••••••••• " •••••••• " •••• ho/sho is also authorised to drlvo as a pajd omplo)w ·a transport vehiclo this liconce is valid from •••• to ••• [tto be struck out if inappucablo] dated •••••••• - 19 • s/gnilture ond designation oj licensing authority authorisation to drive a tranjport vehicle so ions as thls ucence is valid and is ronowod from timo to timo tho holdor is authorised to drivo a transport vohiclo ddii4 •••••••••• •• " l'  'fhis licolx'lo ill horeby renowod up to signature of licensing authority | tho            |  •••••    ||----------------|----------------|| day            |                || of             |                || the            | •             || day            |                || of             |                ||               |                ||                |                ||                |                || the            | •            || day            |                || of             | -              || 19             | -              || the            |                || •••• |                || day            |                || of             |                || 19             | -              || the            | - ••          || day            |                || of             | ••          | endorsementsdato section and rule fino or other punishment signature of enejoning authority a bill further to amend the motor vehicles act, 1939 (shri sitaram kesri minister oj state in the ministry of shipping and transport) 