Motor Vehicles Act Section 145 — Definitions

CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA

Civil

Summary

Clause (a) defines an authorised insurer as an insurance company that is currently carrying on general insurance business in India and has been granted a certificate of registration by the Insurance Regulatory and Development Authority of India. It also includes any Government insurance fund that is authorised to do general insurance business under the General Insurance Business (Nationalisation) Act, 1972.

Clause (b) defines a certificate of insurance as a certificate issued by an authorised insurer under section 147, and it also includes a cover note that meets the requirements that may be prescribed. If more than one certificate has been issued in connection with a policy, or if a copy of a certificate has been issued, all those certificates or that copy are also covered by this definition.

Clause (c) states that the term grievous hurt has the same meaning as given to it in section 320 of the Indian Penal Code.

Clause (d) defines a hit and run motor accident as an accident arising out of the use of a motor vehicle or motor vehicles where the identity of the vehicle cannot be ascertained despite reasonable efforts being made for that purpose.

Clause (e) defines the Insurance Regulatory and Development Authority as the authority established under section 3 of the Insurance Regulatory and Development Authority Act, 1999.

Clause (f) states that a policy of insurance includes a certificate of insurance.

Clause (g) defines property to include roads, bridges, culverts, causeways, trees, posts, milestones, and the baggage of passengers and goods carried in any motor vehicle.

Clause (h) defines a reciprocating country as any country that the Central Government notifies in the Official Gazette as a reciprocating country, on the basis of reciprocity, for the purposes of this Act.

Clause (i) defines a third party to include the Government, the driver, and any other co-worker on a transport vehicle.

Official Text

In this Chapter,—

(a) “authorised insurer” means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) and any Government insurance fund authorised to do general insurance business under the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972);

(b) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be;

(c) “grievous hurt” shall have the same meaning as assigned to it in section 320 of the Indian Penal Code (45 of 1860);

(d) “hit and run motor accident” means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose;

(e) “Insurance Regulatory and Development Authority” means the Insurance Regulatory and Development Authority established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);

(f) “policy of insurance” includes certificate of insurance;

(g) “property” includes roads, bridges, culverts, causeways, trees, posts, milestones and baggage of passengers and goods carried in any motor vehicle;

(h) “reciprocating country” means any such country as may on the basis of reciprocity be notified by the Central Government in the Official Gazette to be a reciprocating country for the purposes of this Act;

(i) “third party” includes the Government, the driver and any other co-worker on a transport vehicle.