In this Chapter,—
(a) “authorised insurer” means an insurer for the time being carrying on general insurance business in India under the General Insurance Business (Nationalisation) Act, 1972, (57 of 1972) and any Government insurance fund authorised to do general insurance business under that Act;
(b) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of sub-section (3) of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be;
(c) “liability”, wherever used in relation to the death of or bodily injury to any person, includes liability in respect thereof under section 140;
(d) “policy of insurance” includes “certificate of insurance”;
(e) “property” includes goods carried in the motor vehicle, roads, bridges, culverts, causeways, trees, posts and mile-stones;
(f) “reciprocating country” means any such country as may on the basis of reciprocity be notified by the Central Government in the Official Gazette to be a reciprocating country for the purposes of this Chapter;
(g) “third party” includes the Government.
Simplified Explanation
Section 145 of the Motor Vehicles Act in India provides the definitions of various terms used throughout the Act. This section is essential as it sets the specific meanings for key terminologies, ensuring there is no ambiguity in interpretation when the Act is applied. Understanding these definitions is crucial for anyone dealing with the provisions of the Motor Vehicles Act, whether they are legal professionals, vehicle owners, insurance companies, or the courts.
Key Definitions in Section 145
Here are some of the important definitions specified in Section 145 of the Motor Vehicles Act:
- Certificate of Insurance: This refers to the document issued by an insurer to certify that an insurance policy has been issued covering the person specified in the policy for liabilities as required under the Act.
- Hit and Run Motor Accident: This is defined as an accident arising out of the use of a motor vehicle or motor vehicles, the identity of which cannot be ascertained despite reasonable efforts for the purpose.
- Property Damage: In the context of the Act, this refers to any damage to any property of a third party.
- Third Party: This refers to any person other than the passenger being carried by hire or reward in a public service vehicle, and includes any person using the vehicle who is not either the owner of the vehicle or an employee of the owner covered under a workers’ compensation policy.
- Permanent Disablement: As defined earlier in Section 142, this refers to a condition where a person is permanently prevented from engaging in any activities that they were capable of performing before the accident.
- Gross Vehicle Weight: This term refers to the combined weight of the vehicle and the load it is certified to carry by the manufacturer or the registering authority.
- Unladen Weight: This is the weight of the vehicle in working order, without load but including the body, all parts normally used with the vehicle, the tools and spare parts supplied by the manufacturer, and full supply of fuel, oil, and coolant.
- Light Motor Vehicle: Any motor vehicle constructed or adapted to carry no more than six passengers excluding the driver, with a Gross Vehicle Weight not exceeding 7,500 kilograms.
- Medium Goods Vehicle: A vehicle that is used for the carriage of goods and has a Gross Vehicle Weight exceeding 7,500 kilograms but not exceeding 12,000 kilograms.
Practical Implications
Understanding these definitions is important because:
- Legal Interpretation: They provide clarity and consistency in how provisions of the Act are interpreted and applied in various legal contexts.
- Insurance: Knowing the specific definitions related to insurance, such as “certificate of insurance” and “third party,” helps in understanding the coverage and limitations of vehicle insurance under the Act.
- Compliance: For vehicle owners and operators, understanding terms like “gross vehicle weight” and “unladen weight” is critical for compliance with regulatory standards concerning vehicle loads and safety.
- Claims and Disputes: Definitions like “permanent disablement” and “property damage” are crucial when claims for compensation are made, and in resolving disputes in accident cases.
Section 145 essentially lays the foundation for the uniform application of the Motor Vehicles Act by providing clear definitions, thus reducing ambiguities and ensuring that the Act’s provisions are understood and applied correctly across different scenarios.