Mv act
kavita.sharma
(Querist) 16 May 2012
This query is : Resolved
163. Scheme for payment of compensation in case of hit and run motor accidents.
(1) The Central Government may, by notification in the Official Gazette, make a scheme1 specifying, the manner in which the scheme shall be administered by the General Insurance Corporation, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation.
(2) A scheme made under sub-section (1) may provide that-
(a) a contravention of any provision thereof shall be punishable with imprisonment for such term as may be specified but in no case exceeding three months, or with fine which may extend to such amount as may be specified but in no case exceeding five hundred rupees or with both;
(b) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of the Central Government, by such officer or authority to any other officer or authority;
(c) any provision of such scheme may operate with retrospective effect from a date not earlier than the date of establishment of the Solatium , Fund under the Motor Vehicles Act, 1939 (4 of 1939) as it stood immediately before the commencement of this Act:
Provided that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provision.
TO WHOM PUNISHMENT PROVIDED IN THIS SECTION CAN BE GIVEN?
kavita.sharma
(Querist) 16 May 2012
TO THE INSURANCE COMPANY OR OIC.
ajay sethi
(Expert) 16 May 2012
under provisions of section 163 in case of any contravention OIC shall be punishable as powers fuctions duties have been delegated to him
Shonee Kapoor
(Expert) 17 May 2012
Nothing to be added.
Regards,
Shonee Kapoor
harassed.by.498@gmail.com
M V Gupta
(Expert) 18 May 2012
I am unable to agree with the above view. The punishments prescribed under Sub Sec (2)(a) is imprisonment or fine. The punishment of imprisonment can be imposed only against an individual and not company. Hence the Officer who is entrusted with the powers to deal with the claims would be liable. This view gets support from the provisions clause (c) which provides for transfer of powers and functions etc from the Officer specified in the Scheme to another Officer. Hence the focus is on the Officer rather than the Company. Of course the company may be liable to fine.
kavita.sharma
(Querist) 19 May 2012
thanks to expert mr gupta for removing doubt.
