The Motor Vehicle Act 1988 replaces the M V Act 1939 and it came into force from 1st July 1989. The Motor Vehicles (Amendment) Act, 1988 has introduced changes which have far-reaching consequences. Chapter (XI) provides for compulsory insurance of motor vehicles. No motor vehicle can be used in a public place unless there is in force in relation to that vehicle a policy of insurance issued by an authorized insurer. The policy is required to cover insured’s liability in respect of death of bodily injury of certain persons (.e.g. third parties, fare-paying passengers, paid drivers, etc) and damage to property of third parties. The limits of liabilities required to be covered are also prescribed in the act. The Act also provides for constitution of Motor Accidents Claims Tribunals by the State Government. The object of this amendment is to ensure speedy settlement of persons involved in Motor Vehicle accidents. The Act mandates payments of compensation to the victims of accidents arising out of the use of a motor vehicle or motor vehicles in public places by the owner or owners as the case may be. The Act provided for compensation of Rs. 50,000 in case of death and of Rs. 25,000 in the case of injury without burden of proof of fault on the part of the vehicle owner. A claimant may seek compensation the basis of the structured formula prescribed in the Act. Besides, a claimant may at his option approach the Tribunal having jurisdiction over the area (i) in which the accident occurred, or (ii) where he resides, or (iii) carries on business or (iv) Where the defendant resides.
Insurance Encyclopedia
Act: Payment of Bonus Act
Some States/UTs have passed enactment for payment of Bonus specifying the category of employment/minimum and maximum wages to be taken as criteria for eligibility as also % of wages subject to a minimum and maximum to be paid as Bonus to the eligible employees.
Act: Payment of Gratuity Act 1972
Provides for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. The Payment of Gratuity Act is administered by the Central Government in establishments under its control, establishments having branches in more than one State, major ports, mines, oil fields and the railways and by the State governments and Union Territory administrations in all other cases.
Act: Professional Tax Act
In India some of the States have introduced their respective Professional Service Tax Act whereby providing for levy and collection of a tax on professions, trades, callings and employments for the benefit of the State.
Act: Sale of Goods Act
The Act provides for responsibility of the seller to ensure that goods sold are of merchantable quality and are fit for the purpose for which they are required by the buyer etc. The Act has relevance to products liability insurance.
Act: Shop and Establishment Act
Every State and Union Territory of India has its own Act providing for registration of the Shop/Establishment.
Act: The Multimodal Transportation of Goods Act, 1993
An Act aimed at developing international multimodal transport which would reduce logistics costs and thus make Indian products more competitive in the global market. The Act established licensing requirements, contractual terms (through the Multimodal Transport Document) and liability regime. The Act was again amended in year 2000 to give more protection to exporters. India allows 100% FDI in maritime infrastructure like ports, terminals, jetties, harbors, merchant shipbuilding as well as in support infrastructure like warehousing, roads and Inland Water Transport.
Act: The Public Liability Insurance Act, 1991
This is an Act to provide for compulsory public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto. The Act gives relief on principle of No Fault and prescribes the limits of relief for death, injury, property damage etc.
Act: Water (Prevention and Control of Pollution) Act, 1974
The Central and State Pollution Control Boards are established under this Act. The function of the Board, inter alia, is to control sewage and industrial effluent discharge. The consent of the Board is required to establish any industry which is likely to discharge sewage or trade effluent.
Act: Workmen’s Compensation Act now changed as Employees Compensation Act 2011
The Worker’s Compensation (Amendment) Act, 2009 is now renamed as the Employees’ Compensation (Amendment) Act, 2009 and wherever “workman” or “workmen” is mentioned in the entire Act the same needs to be read as “Employee. (2) The compensation payable on death from the injury, is (i) minimum of Rs. 80000 is increased to Rs. 120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor. (3) The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs. 90000 is increased to Rs. 140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor.