Chapter 11 Insurance of Motor Vehicles Against Third Party Risks
Section 146: Necessity for insurance against third party risk
a) 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
A person driving a motor vehicle merely as a paid employee, while there is in
force in relation to the use of the vehicle no such policy 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.
b) Sub-section (1)
shall not apply to any vehicle owned by the Central Government or a State
Government and used for Government purposes unconnected with any commercial
enterprise.
c) The appropriate
Government may, by order, exempt from the operation of sub-section (1) any
vehicle owned by any of the following authorities, namely—
- the Central Government or a State Government, if the
vehicle is used for Government purposes connected with any commercial
enterprise;
- any local authority;
- 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 accordance with the rules made in that behalf under this Act for meeting any liability arising out of the use of any vehicle of that authority which that authority or any person in its employment may incur to third parties.
Explanation
For the purposes of this sub-section, “appropriate Government” means the Central Government or a State Government, as the case may be, and— - in relation to any corporation or company owned by the
Central Government or any State Government, means the Central Government
or that State Government;
- in relation to any corporation or company owned by the
Central Government and one or more State Governments, means the Central
Government;
- in relation to any other State transport undertaking
or any local authority, means that Government which has control over that
undertaking or authority.