Offenses and penalties under Motor Vehicle Act, 1988 TABLE OF CONTENTS PART I..................................................................................................................... 1. TITLE .................................................................................................................... 1 2. ABSTRACT……………………………………………………………………………………1 3. INTRODUCTION ..................................................................................................... 2 4. RESEARCH QUESTIONS .......................................................................................... 5 5. RESEARCH OBJECTIVES…………………………………………………………………..5 6. SCOPE OF THE STUDY………………………………………………………………………5 7. METHODOLOGY……………………………………………………………………………5 PART II 1. SECTIONS UNDER CHAPTER 13 OF MOTOR VEHICLE ACT, 1988............................. 5 2. BRIEF FACTS OF THE CASE............................................................................................. 7 3. CASE ANALYSIS.................................................................................................................. 8 4. CONCLUSION...................................................................................................................... 10 5. SUGGESTIONS……………………………………………………………………………………………10 LIST OF CASES....................................................................................................................... 11 REFERENCES.......................................................................................................................... 11
PART - I
1. TITLE
‘Offenses and penalties under Motor Vehicle Act, 1988’
2. ABSTRACT:
Discipline is a valuable part of life. Health is wealth. It is always accepted that sufficient time should be allotted to good health consistently. Health is not only free from physical illness but it is also mandatory for the human body to have a good, stable mental condition for health and free from bad habits with the social condition. Hurry, worry and curry can be dangerous for life once good life is there then wealth will be available. Bad habits and hence health will not only ruin the life but also wealth with time. Driving is one kind of multi-facet activity hence, whenever the engine (power) of the vehicle is under control of the human body, there has to be good health with good cognitive function & healthy mental conditions. Certain bad habits have a definite impact on the outcome of driving a vehicle. Not only good condition of the vehicle with insurance but also there has to be a good condition of Roads made for transportation is the invaluable requirement for road safety.
To have a systemic approach, there is a specific mechanism for the welfare of society. Every citizen is duty-bound to regard the rules & regulations made for the safety of society. Any government can’t run without paramount the welfare of society and units of society. Public policies are made and laws are systemically parsed by legislative authorities for the welfare of the nation. Even in a democratic state, there is no ‘absolute’ immunity to the public. Certain items are required to be under control. Subject to fulfillment of conditions laid down by way of public laws. Human nature can’t do all activities under their discipline hence, various provisions and clauses of act and rules made thereunder are requirements for the discipline of society for the welfare of the state. Hence, certain punishments in terms of fines and imprisonment are laid down by the systemic approach of The Motor Vehicle Act, 1988[1]. In 1988, another Motor Vehicle Act has been presented. This law is as yet in a period of genuine changes. The Supreme Court has held the number of times that this is a government assistance enactment and the understanding of the arrangement of this law is needed to be made to help the person in question. In this interaction, the Supreme Court has passed different decisions in the new past, which have limited the legal guards to the Insurance Company undeniably as law identifying with a weight of evidence has been completely changed.
3. INTRODUCTION
The Motor Vehicle Act 1988 as a public welfare enactment manages extensively the road accidents and empowering the casualties to guaranteed remuneration. The act gives a detailed insight regarding licensing of the driver, control of the motor vehicle through insurance, registration of the motor vehicle. The Motor Vehicle Act 1988 is a replacement for the 1939 Motor Vehicle act. This act came into force on the 1st of July 1989. The need for the Motor Vehicle Act was felt so that the victims and their families have legal backing to fight for compensation in the court of law. But before this law came into existence there were several cases wherein the victims could not ask well for the damage faced. To meet this situation, the Motor Vehicle Act was enacted for the first time in 1930. The Motor Vehicle Act 1988 deals with the offenses related to motor vehicles. The motor vehicle act was established to maintain a safe network of commuting for the goods as well as passengers. The act consists of 14 chapters dealing with various aspects from third-party insurance, claims tribunals offenses, and penalties. The penalties under motor vehicle act Human nature can’t do all activities under their discipline hence, various provisions and clauses of act and rules made thereunder are requirements for the discipline of society for the welfare of the state. Hence, certain punishments in terms of fines and imprisonment are laid down by the systemic approach of The Motor Vehicle Act, 1988. The Motor Vehicle Act deals with traffic regulations, vehicle insurance, registration of motor vehicles, controlling permits, and penalties. It focuses on mostly all the aspects of roadway vehicles. To give viable rights to the individual harmed or lapsed in a mishap, the Fatal Accidents Act, 1885 was ordered in India. This Act gave just a method and a privilege of named lawful beneficiaries to guarantee payment from the individual submitting carelessness. This establishment has worked in India for an agreeable significant stretch. Because of expansion in computerization and important misfortunes of life and property in a mishap, it was viewed as that, to offer alleviation to the casualties of mishap guarantees, a compelling law ought to be gotten.
The engine vehicles Act, 1939 ( 4 of 1939), unites and revises the law identifying engine vehicles. This has been altered a few times to stay up with the latest. The need was, in any case, felt that this Act ought to, presently entomb Alia, consider likewise changes in the street transport innovation, example of traveler and cargo developments, advancements, of the street network in the country and especially the improved methods in the engine vehicles.
The rules are obeyed and followed by public and hence specific act has been made for enforcement in terms of fine money and/or imprisonment. To breach from regards and respect to obeying the rules for road safety, it will lead to hazardous outcome not only for a person driving a vehicle but also for other people on the road. Well serviced good quality vehicles, good quality roads, and healthy human beings free from any bad habits are the prerequisites for road safety. Drivers under the effect of alcohol not only endanger their own lives but also lead to a hazardous outcome for society. Even now new bad habits of humans, that are talking on the mobile phone on driving, speedy driving in hurry, bad lifestyles full of stress and unbalanced foodstuffs all these hamper road safeties. Road accidents can be avoided if a person is alert and follows the basic safety norms. But when not adhered to the norms it can be fatal. Some of the common causes of road accidents are overspeeding, drunken driving, distractions to driver, red light jumping, avoiding wearing safety gear such as helmets and seat belts. The vast majority of the deadly mishaps happen due to overspeeding. It is a characteristic mind of humans to dominate. Whenever given an opportunity man makes certain to accomplish boundlessness in speed. Speeding up increases the danger of mishaps and the seriousness of injury during the mishap. Quicker vehicles are more inclined to a mishap than the slower ones and the seriousness of mishap will likewise be more if there should arise an occurrence of quicker vehicles. Higher the speed the vehicle needs more noteworthy distance to stop for example slowing down the distance. A slower vehicle comes to end promptly while a quicker one takes a length approach to stop and slips a significant distance because of the law of thought. A vehicle proceeding onward rapidly will have a more prominent effect during the accident and henceforth will cause more wounds. The capacity to judge the approaching occasions additionally gets decreased while driving at a quicker speed which causes blunder in judgment lastly an accident. Drinking liquor for the event is fun however when it is trailed by driving it very well may be a bad dream, liquor diminishes the grouping of the human psyche it diminishes the response season of the human body and thereby sets aside more effort to respond and to offer directions to the brain. It hampers the vision because of unsteadiness. Every one of these elements causes mishaps and commonly demonstrates lethal for each expansion of 0.05% blood liquor brings oneself closer to the danger of mishap. Besides liquor, numerous drugs and medications influence the abilities and fixation which are important for driving. Avoiding wearing of safety gears Utilization of safety belt in four-wheeler is currently obligatory and not wearing safety belt welcomes punishments same on account of helmet for bike drivers wearing safety belt and helmet has been purchased under law after demonstrated investigations that these two safety gears diminish the seriousness of accidents looked by a human during on street. wearing a safety belt and head protector duplicates the odds of endurance bike passing have been made lessen by the utilization of caps subsequently has been made required one should utilize security cogwheels of the endorsed principles for ideal wellbeing
The Indian Judiciary System has been highlighting the need of improving road safety standards by punishing the defaulters of the Motor Vehicle Act. Over the years, there has been a high rise in the number of fatalities and injuries caused by mishaps on the road. Road accidents don't only harm the victim but also their family. It also affects their family financially and causes mental trauma which cannot be quantified. As per the economic times, road accidents have claimed over 1.5 lakh lives in 2018 were over speeding was the major killer.
According to the Oxford dictionary, a motor vehicle is defined as any road vehicle driven by an engine. The Motor Vehicle Act, 1988 is a replacement for the Motor Vehicle Act, 1939. The replacement was made since over the period the nature of vehicle commercial and personal vehicle increased and also to give necessary compensation to the victims of the road accidents. The Motor Vehicle act 1988 focused on road safety standards and the transportation of hazardous vehicles was also taken care of.
Historical Background; before, the Motor Vehicle Act, 1988 came into presence, the Motor Vehicles Act, 1939 was appropriate for all kinds of Motor Accidents. The Motor Vehicles Act, 1939, solidifies and corrects the law identifying with engine vehicles. As this Act was incapable and wasteful it has been changed a few times to stay up with the latest. The need was, in any case, felt that this Act ought to, presently entomb Alia, consider likewise changes in the street transport innovation, example of traveler and cargo developments, advancements, of the street network in the country and especially the improved methods in the engine vehicles the executives. Different Committees, similar to, National Transport Policy Committee, National Police Commission, Road Safety Committee, Low Powered Two – Wheelers Committee, as additionally, the Law Commission have gone into various parts of street transport. They have suggested refreshing, rearrangements, and defense of this law. Several Members of Parliament have also urged for a comprehensive review of the Motor Vehicles Act, 1939, to make it relevant to the modern-day requirements.
A Working Group was, therefore, constituted in January 1984 to review all the provisions of the Motor Vehicles Act, 1939, and to submit draft proposals for comprehensive legislation to replace the existing Act. This Working Group took into account the suggestions and recommendations earlier made by various bodies and institutions like the Central Institute of Road Transport (CIRT), Automotive Research Association of India (ARAI), and other transport organizations including, the manufacturers and the general public, Besides, obtaining comments of State Governments on the recommendations of the Working Group, these were discussed in a specially convened meeting of Transport Ministers of all States and Union territories. Some of the important modifications suggested to be taken care of were:-
a. The quickly expanding number of both business vehicles and individual vehicles in the country;
b. The requirement for empowering appropriation of higher innovation in auto-area;
c. The more prominent progression of traveler and cargo with the least hindrances so islands of disengagement are not made prompting provincial or nearby irregular characteristics;
d. Worry for street security guidelines, and contamination control measures, principles for transportation of dangerous and unstable materials;
e. Rearrangements of methodology and strategy advancement's for private area tasks in the street transport field; and
f. Need for viable methods of finding traffic wrongdoers.
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[1] Ministry of Law and Justice: http://legislative.gov.in/sites/default/files/A1988-59.pdf
WRITER
NAME: AADISHA SHETTY
COLLEGE: SYMBIOSIS LAW SCHOOL, HYDERABAD
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