Motor Vehicles Act Section 164 — Payment of compensation in case of death or grevious hurt, etc
CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA
Civil
Summary
Sub-section (1) makes the owner of the motor vehicle or the authorised insurer liable to pay compensation for death or grievous hurt caused by any accident arising out of the use of a motor vehicle. This applies regardless of anything else in this Act or any other law or legal instrument. The compensation amount is five lakh rupees in case of death, and two and a half lakh rupees in case of grievous hurt, payable to the legal heirs or the victim, as the case may be.
Sub-section (2) states that when a claim for compensation is made under sub-section (1), the claimant does not have to plead or prove that the death or grievous hurt was caused by any wrongful act, neglect, or default of the owner of the vehicle, the vehicle itself, or any other person.
Sub-section (3) provides that if compensation for the same death or grievous hurt from a motor vehicle accident has already been paid under any other law, that amount will be deducted from the compensation payable under this section.
Official Text
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be.
(2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person.
(3) Where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of compensation shall be reduced from the amount of compensation payable under this section.