Motor Vehicles Act Section 146 — Necessity for insurance against third party risks
CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA
Civil
Summary
Sub-section (1) states that no person may use a motor vehicle in a public place, except as a passenger, or cause or allow anyone else to use it, unless there is an active insurance policy that meets the requirements of this Chapter covering that person's use of the vehicle. The same requirement applies when a person allows another person to use the vehicle, meaning the policy must be in force for the actual user.
The proviso to sub-section (1) adds that if the vehicle carries or is meant to carry dangerous or hazardous goods, there must also be a separate insurance policy under the Public Liability Insurance Act, 1991, in addition to the regular policy.
The explanation to sub-section (1) clarifies that a person driving a vehicle merely as a paid employee is not considered to be acting against this sub-section if there is no required policy in force, unless that driver knows or has reason to believe that no such policy exists.
Sub-section (2) says that the requirement in sub-section (1) does not apply to any vehicle owned by the Central Government or a State Government, provided the vehicle is used for purposes not connected with any commercial enterprise.
Sub-section (3) allows the appropriate Government to issue an order exempting certain vehicles from the requirement of sub-section (1). This exemption can apply to vehicles owned by the Central Government or a State Government if the vehicle is used for purposes connected with a commercial enterprise, any local authority, or any State Transport Undertaking.
The proviso to sub-section (3) states that no such exemption order can be made for any of these authorities unless that authority has established and maintains a fund in the manner prescribed by the appropriate Government.
The explanation to sub-section (3) defines appropriate Government as the Central Government or a State Government, depending on the case. For a corporation or company owned by the Central Government or a State Government, it means that specific government. For a corporation or company owned by both the Central Government and one or more State Governments, it means the Central Government. For any other State Transport Undertaking or local authority, it means the government that has control over that undertaking or authority.
Official Text
(1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter:
Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991). Explanation.—For the purposes of this sub-section, a person driving a motor vehicle merely as a paid employee, while there is in relation to the use of the vehicle no such policy in force as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force.
(2) The provisions of sub-section (1) shall not apply to any vehicle owned by the Central Government or a State Government and used for purposes not connected with any commercial enterprise.
(3) The appropriate Government may, by order, exempt from the operation of sub-section (1), any vehicle owned by any of the following authorities, namely:—
(a) the Central Government or a State Government, if the vehicle is used for purposes connected with any commercial enterprise;
(b) any local authority;
(c) any State Transport Undertaking:
Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in such manner as may be prescribed by appropriate Government.
Explanation.—For the purposes of this sub-section, “appropriate Government” means the Central Government or a State Government, as the case may be, and—
(i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government;
(ii) in relation to any corporation or company owned by the Central Government and one or more State Governments, means the Central Government;
(iii) in relation to any other State Transport Undertaking or any local authority, means that Government which has control over that undertaking or authority.