The Motor Vehicles Act, 1988
Administered Ministry: Ministry of Road Transport and Highways
Section 165 Claims Tribunals. 1 docs
Explanation.--For the removal of doubts, it is hereby declared that the expression "claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles" includes claims for compensation under 1[section 164].
(2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof.
(3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he--
(a) is, or has been, a Judge of a High Court, or
(b) is, or has been, a District Judge, or
(c) is qualified for appointment as a Judge of a High Court 2[or as a District Judge].
(4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them.
Section 166 Application for compensation. 1 docs
(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made---
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be:
Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.
1[Provided further that where a person accepts compensation under section 164 in accordance with the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.]
2[(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed:
3* * * * *.]
4[(3) No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.]
5[Provided that the Claims Tribunal may entertain an application for compensation after the expiry of the said period of six months from the date of occurrence of the accident, but within a further period not exceeding twelve months, if it is satisfied that the applicant was prevented by sufficient cause from making an application within such period.]
6[(4) The Claims Tribunal shall treat any report of accidents forwarded to it under 7[section 159] as an application for compensation under this Act.]
8[(5) Notwithstanding anything in this Act or any other law for the time being in force, the right of a person to claim compensation for injury in an accident shall, upon the death of the person injured, survive to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with the injury or not.]
1. Ins. by Act 32 of 2019, s. 53 (w.e.f. 1-4-2022).
2. Subs. by Act 54 of 1994, s. 53, for sub-section (2) (w.e.f. 14-11-1994).
3. Proviso omitted by Act 32 of 2019, s. 53, (w.e.f. 1-4-2022).
4. Ins. by Act 32 of 2019, s. 53, (w.e.f. 1-4-2022), Earlier sub-section (3) omitted by Act 54 of 1994, s. 53, (w.e.f. 14-11-1994).
5. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 15-08-2026)
6. Subs. by Act 54 of 1994, s. 53, for sub-section (4) (w.e.f. 14-11-1994).
7. Subs. by Act 32 of 2019, s. 53, for "sub-section (6) of section 158" (w.e.f. 1-4-2022).
8. Ins. by s. 53, ibid. (w.e.f. 1-4-2022).
Section 167 Option regarding claims for compensation in certain cases.
Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may 1*** claim such compensation under either of those Acts but not under both.
1. Certain words omitted by Act 8 of 2026 and Sch. (w.e.f. 15-8-2026).
Section 168 Award of the Claims Tribunal. 1 docs
(1) On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of 1[section 163] may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be:
2* * * * *
(2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award.
(3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.
3[(4) The application for compensation made under section 166 shall be dealt with by the Claims Tribunal as expeditiously as possible and endeavour shall be made by it to dispose of the application within a period of twelve months from the date of receipt of the application:
Provided that where any such application could not be disposed of within the said period of twelve months, the Claims Tribunal shall record its reasons in writing for not disposing of the application within that period.]
1. Subs. by s. 54, ibid, for "section 162" (w.e.f. 1-4-2022).
2. Proviso omitted by s. 54, ibid, (w.e.f. 1-4-2022).
3. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 15-08-2026).
Section 169 Procedure and powers of Claims Tribunals.
(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry.
1[(4) For the purpose of enforcement of its award, the Claims Tribunal shall also have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908, as if the award were a decree for the payment of money passed by such court in a civil suit.]
Section 170 Impleading insurer in certain cases.
(a) there is collusion between the person making the claim and the person against whom the claim is made, or
(b) the person against whom the claim is made has failed to contest the claim,
it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of 1[section 150], the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made.
Section 171 Award of interest where any claim is allowed.
Section 172 Award of compensatory costs in certain cases.
(a) the policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or
(b) any party or insurer has put forward a false or vexatious claim or defence,
such Tribunal may make an order for the payment, by the party who is guilty of mis-representation or by whom such claim or defence has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been put forward.
(2) No Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding one thousand rupees.
(3) No person or insurer against whom an order has been made under this section shall, by reason thereof be exempted from any criminal liability in respect of such mis-representation, claim or defence as is referred to in sub-section (1).
(4) Any amount awarded by way of compensation under this section in respect of any misrepresentation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect of such mis-representation, claim or defence.
Section 173 Appeals. 1 docs
Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the manner directed by the High Court:
Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than 1[one lakh] rupees.
Section 174 Recovery of money from insurer as arrear of land revenue.
Section 175 Bar on jurisdiction of Civil Courts.
Section 176 Power of State Government to make rules. 1 docs
(a) the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such applications;
(b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter;
(c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal;
(d) the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a Claims Tribunal; and
(e) any other matter which is to be, or may be, prescribed.
Section 177 General provision for punishment of offences.
1[177. General provision for punishment of offences.---Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no fine or penalty is provided for the offence, for the first contravention be issued a warning recorded in such manner as may be prescribed by the Central Government, and for any second or subsequent contravention with penalty which shall not be less than five hundred rupees, but may extend to one thousand and five hundred rupees.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for sections 177 and 177A (w.e.f. 15-8-2026)
Section 177A Penalty for contravention of regulations under section 118. 1 docs
1[177A. Penalty for contravention of regulations under section 118.---(1) Whoever contravenes the regulations made under section 118 shall, for the first contravention be issued a warning recorded in such manner as may be prescribed by the Central Government, and for any second or subsequent contravention with penalty which shall not be less than five hundred rupees, but may extend to one thousand rupees.
(2) Notwithstanding anything contained in sub-section (1), if any contravention of regulations made under section 118 is also an offence punishable with penalty or fine under any other provision of this Act, the penalty or fine imposed only under such other provision shall be applicable.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for sections 177 and 177A (w.e.f. 15-8-2026)
Section 178 Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc.
(1) Whoever travels in a stage carriage without having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being made therefor, shall be 1[liable for a penalty] which may extend to five hundred rupees.
Explanation.--In this section, "pass" and "ticket" have the meanings respectively assigned to them in section 124.
(2) If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is---
(a) to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, either wilfully or negligently,---
(i) fails or refuses to accept the fare when tendered, or
(ii) fails or refuses to supply a ticket, or
(iii) supplies an invalid ticket, or
(iv) supplies a ticket of a lesser value, or
(b) to check any pass or ticket, either wilfully or negligently fails or refuses to do so,
he shall be 1[liable for a penalty] which may extend to five hundred rupees.
(3) If the holder of a permit or the driver of a contract carriage 2[while being on duty] refuses, in contravention of the provisions of this Act or rules made thereunder, to ply the contract carriage or to carry the passengers, he shall,--
(a) in the case of two-wheeled or three-wheeled motor vehicles, be 1[liable for a penalty] which may extend to fifty rupees; and
(b) in any other case, be 1[liable for a penalty] which may extend to 3[five hundred rupees]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for “punishable with fine” (w.e.f. 15-8-2026).
2. Ins. by s. 2 and Sch., ibid. (w.e.f. 15-8-2026).
3. Subs. by Act 32 of 2019, s. 60, for “two hundred rupees” (w.e.f. 1-9-2019).
Section 179 Disobedience of orders, obstruction and refusal of information.
(1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be 1[liable to penalty] which may extend to 2[two thousand rupees].
(2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he known to be false or which he does not believe to be true, shall, if no other penalty is 3[provided for the contravention, be liable to penalty which shall not be less than five hundred rupees but which may extend to two thousand rupees].
1. Subs. by Act 8 of 2026, s. 2 and Sch. for “punishable with fine” (w.e.f. 15-8-2026).
2. Subs. by Act 32 of 2019, s. 61, for “five hundred rupees” (w.e.f. 1-9-2019).
3. Subs. by Act 8 of 2026, s. 2 and Sch. for certain words (w.e.f. 15-8-2026)
Section 180 Allowing unauthorised persons to drive vehicles.
Section 181 Driving vehicles in contravention of section 3 or section 4.
Section 182 Offences relating to licences. 2 docs
(1) Whoever, being disqualified under this Act for holding or obtaining a driving licence drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with fine 1[of ten thousand rupees] or with both, and any driving licence so obtained by him shall be of no effect.
(2) Whoever, being disqualified under this Act for holding or obtaining a conductor’s licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor’s licence or, not being entitled to have a conductor’s licence issued to him free of endorsement, applies for or obtains a conductor’s licence without disclosing the endorsements made on a conductor’s licence previously held by him, shall be 2[liable to penalty of ten thousand rupees], and any conductor’s licence so obtained by him shall be of no effect.
1. Subs. by Act 32 of 2019, s. 64, for “which may extend to five hundred rupees” (w.e.f. 1-9-2019).
2. Subs. by Act 8 of 2026, s. 2 and Sch. for certain words (w.e.f. 15-8-2026).
Section 182A Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components. 1 docs
Provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to the other party the manner in which such motor vehicle was in contravention of the provisions of Chapter VII or the rules and regulations made thereunder.
(2) Whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or with both.
(3) Whoever, sells or offers to sell, or permits the sale of any component of a motor vehicle which has been notified as a critical safety component by the Central Government and which does not comply with Chapter VII or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine of one lakh rupees per such component or with both.
(4) Whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees per such alteration or with both.]