MOTOR VEHICLES ACT, 1939
( IV OF
1939)
[16th
February, 1939]
[ See Section 122 and Fourteenth Schedule of W.P. Motor
Vehicles Ordinance, 1965]
CHAPTER VII
Motor Vehicles temporary leaving or
visiting Pakistan
92. Power of Central
Government to make Rules.— (1) The Central Government may by notification
in the official Gazette make rules for all or any of the following purposes,
namely:--
(a)
the grant and authentication of travelling
passes, certificates or authorisation to persons temporarily taking motor
vehicles out of Pakistan to any place outside Pakistan or to persons
temporarily proceedings out of Pakistan to any place outside Pakistan and
desiring to drive a motor vehicle during their absence from Pakistan;
(b)
prescribing the conditions subject to which
motor vehicles brought temporarily into Pakistan from outside Pakistan by
persons intending to make a temporary stay in Pakistan may be possessed and
used in Pakistan; and
(c)
prescribing the conditions subject to which
persons entering Pakistan from any place outside Pakistan for a temporary stay
in Pakistan may drive motor vehicle in Pakistan.
(2)
No rule made under this section shall operate to confer
on any person any immunity in any Province from the payment of any tax levied
in that Province on motor vehicle or their users.
(3)
Rules made under clauses (b) and (c) of sub-section (1)
shall, in case of motor vehicles and persons entering Pakistan from the French
and Portuguese settlements bounded by India, be applicable only to motor
traffic to which the International Convention relating to motor traffic
concluded at Paris on the 24th day of April 1926 or any Convention modifying
the same applies.
(4)
Nothing in this Act or in any rule made thereunder by a
Provincial Government
relating to –
(a)
the registration and identification of motor vehicle,
or
(b)
the requirements as to construction, maintenance and
equipment of motor vehicles, or
(c)
the licensing an the qualifications of drivers of motor
vehicles;
Shall apply to any motor vehicle to which or to any driver
of a motor vehicle to whom any rules made under clause (b) or clause (c) of
sub-section (1) apply. CHAPTER VIII
Insurance of motor vehicles against third
party risks
93. Definitions.— In this Chapter:--
(a)
“authorised
insurer” means an insurer in whose case the requirements of the Insurance Act,
1938, or of the corresponding law of a reciprocating territory with respect to
the registration of insurers are complied with and includes, where the business
of insuring motor vehicles against third party risks is carried on by the Central
Government or a Provincial Government or the Government of an Acceding State or
a non-Acceding State which is reciprocating territory, such Government;
(b)
“certificate of insurance” means a certificate issued by an authorized insurer in pursuance
of sub-section (4) of section 95; and includes a cover not 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 certificate has been
issued, all those certificates or that copy, as the case may be;
(c)
“reciprocating territory” means any such
Acceding State or a non-Acceding
State as may be notified by the Central
Government in the official Gazette to be a reciprocating territory for the
purposes of this Chapter.
94.
Necessity
for insurance against third part risk.— (1)
No person shall use except as a passenger cause or allow any other
person to use a motor vehicle in a public place, unless there is in force in
relation to the vehicle by that person or that other person, as the case may
be, a policy of insurance complying with the requirements of this Chapter.
Explanation. A
person driving a motor vehicle merely as a paid employee, while there is in
force in relation to the use of the vehicle such policy as is required by this
sub-section, shall not be deemed to act in contravention of the sub-section
unless he knows or has reason to believe that there is no such policy in force.
(2) Subject to
any prescribed conditions, sub-section (1) shall not apply to any vehicle owned
by any of the following authorities, namely:--
(i)
the Central Government;
(ii)
* * *
* *
(iii)
any Provincial Government;
(iv)
the Government; of any Acceding State or a non-Acceding
State;
(v)
the Government; of the French or Portuguese Settlements
bounded by India;
(vi)
any local authority in Pakistan exempted from the
operation of the sub-section (1) by order of the Central Government; or a
Provincial Government;
(vii)
any local authority established or continued by the
authority of the Crown Representative exempted from the operation of
sub-section (1) by order of the Central Government;
(viii)
any local authority in an Acceding State or a
non-Acceding State within policies of insurance are required by provision of
law to be taken out in relation to the use of motor vehicle, which has been
exempted from the operation of such provision.
95.
Requirements
of policies and limits of liability.— (1) In order to comply with the
requirements of this Chapter, a policy of insurance must be a policy which:--
(a)
Is issued by a person who is an authorized
insurer or by a co-operative society allowed under section 108 to transact the
business of an insurer; and
(b)
Insures the person or classes of persons
specified in the policy to the extent specified in sub-section (2) against any
liability which may be incurred by him or them in respect of the death of or
bodily injury to any person caused by or arising out of the use of the vehicle
in a public place in Pakistan or in a reciprocating territory: Provided that a
policy shall not required:--
(i) To cover liability in respect of the death, arising out of
and in the course of his employment, of the employee, of a person insured by
the policy or in respect of bodily injury sustained by such an employee arising
out of and in the course of his employment, other than a liability arising
under the Workmen’s Compensation Act,
1923, in respect of the
death of, or bodily injury to, any such employee:--
(a)
Engaged in driving the vehicle; or
(b)
If it be a public service vehicle, engaged as a
conductor of the vehicle or in examining tickets on the vehicle; or
(c)
If it be a goods vehicle, being carried in the vehicle,
or
(ii) Except where the vehicle is a
vehicle in which passengers are carried for hire or reward or by reason of or
in pursuance of contract of employment, to cover liability in respect of the
death of or bodily injury to persons being carried in or upon or entering or
mounting or alighting from the vehicle at the time of the occurrence of the
event out of which a claim arises; or (iii) To cover any contractual liability.
(2) Subject to
the proviso to sub-section (1), a policy of insurance shall cover any liability
incurred in respect of any one accident upto the following limits, namely:--
(a)
where the vehicle is a goods vehicle, a limit of twenty
thousand rupees in all, the liabilities, if any, arising under the Workmen’s
Compensation Act, 1923, in respect of the death of, or bodily injury to employs
other than the driver being carried in the vehicle being limited to six such
employees;
(b)
where the vehicle is a vehicle in which passengers are
carried for hire or reward or by reason of or in pursuance of a contract of
employment, in respect of persons other than passengers carried for hire or
reward, a limit of twenty thousand rupees; and in respect of passengers a limit
of twenty thousand rupees in all, and four thousand rupees in respect of an
individual passenger, if the vehicle is registered to carry not more than six
passengers excluding the driver or two thousand rupees in respect of an
individual passenger, if the vehicle is registered to carry more than six
passengers excluding the driver;
(c)
where the vehicle is vehicle of any other class the
amount of the liability incurred.
[1][(3)
* * * * * * * * * ]
(4)
A policy shall be of no effect for the purposes of this
Chapter unless and until there is issued by the insurer in favour of the person
by whom the policy is effected a certificate of insurance [2][*
* *] in the prescribed form and containing the prescribed particulars of any
conditions subject to which the policy is issued and of any other prescribed
matters; and different forms, particulars and matters may be prescribed, in
different cases.
(5)
Notwithstanding anything elsewhere contained in any
law, a person issuing a policy of insurance under this section shall be liable
to indemnify the person or classes of persons specified in the policy in
respect of any liability which the policy purports to cover in the case of that
person or those classes of persons.
96.
Duty of
insurers to satisfy judgments against persons insured in respect of third party
risks.— (1) If, after a certificate of insurance [3][******]
has been issued under sub-section (4) of section 95 in favour of the person by
whom a policy has been effected, judgment in respect of any such liability as
is required to be covered by a policy under clause (b) of sub-section (1) of
Section 95 (being a liability covered by the terms of the policy) is obtained
against any person insured by the policy, then, notwithstanding that the
insurer may be entitled to avoid or cancel or may have avoided or cancelled,
the policy, the insurer shall, subject to the provisions of this section pay to
the person entitled to the benefit of the decree any sum not exceeding the sum
assured payable thereunder, as if he was the judgment-debtor in respect of the
liability, together with any amount payable in respect of costs and any sum
payable in respect of interest of that sum by virtue of any enactment relating
to interest on judgments.
(2) No sum shall
be payable by an insurer under sub-section (1) in respect of any judgment
unless before or after the commencement of the proceedings in which the
judgment is given the insurer had notice through the Court of the bringing of
the proceedings, or in respect of any judgment so long as execution is stayed
thereon pending an appeal; and insurer to whom notice of the bringing of any
such proceedings is so given shall be entitled to be made a party thereto and
to defend the action on any of the following grounds, namely:--
(a)
that the policy was cancelled by mutual consent or by
virtue of any provision contained therein before the accident giving rise to
the liability, and that either certificate of insurance was surrounded to the
insurer or that the person to whom the certificate was issued has made an
affidavit stating that the certificate has been lost or destroyed, or that
either before or not later than fourteen days after the happening of the
accident the insurer has commenced proceedings for cancellation of the
certificate after compliance with the provisions of Section 105; or
(b)
that there has been a breach of a specified condition
of the policy, being one of the following conditions, namely:--
(i) a condition excluding the use of the vehicle;
(a)
for hire or reward, where the vehicle is on the date of
the contract of insurance a vehicle not covered by a permit to ply for hire or
reward;
(b)
for organized racing and speed testing; or
(c)
for a purpose not allowed by the permit under which the
vehicle is used where the vehicle is a public service vehicle or a goods
vehicle; or
(d)
without side-car being attached, where the vehicle is a
motor-cycle; or
(ii)
a condition excluding driving by a named person or
persons or by any person who is duly licensed, or by any person who has been
disqualified for holding or obtaining a driving licence during the period of
disqualification;
(iii)
a condition excluding liability for injury caused or
contributed to by conditions of war, civil war, riot or civil commotion; or
(e) that the
policy is void on the ground that it was obtained by the non-disclosure of a
material fact or by a representation of fact which was false in some material
particular.
[4][(2-A)
Where any such judgment as is referred to in sub-section (1) is a foreign
judgment and is, by virtue of the provisions of section 13 of the Code of Civil
Procedure, 1908 (V of 1908), conclusive as to any matter adjudicated upon by
it, the insurer (being an insurer) registered under the Insurance Act, 1938 (IV
of 1938J), shall be liable to the person entitled to the benefit of the decree
in the manner and to the extent specified in sub-section (1) as if the judgment
were given by a Court in Pakistan:
(3) Where
a certificate of insurance [5][******]
has been issued under sub-section (4) of section 95 to the person by whom a
policy has been effected, so much of the policy as purports to restrict the
insurance of the persons insured thereby by reference to any conditions other
than those in clause (b) of sub-section (2) shall, as respects such liabilities
as are required to be covered by a policy under clause (b) of sub-section (1)
of section 95, be of no effect:
Provided that
any sum paid by the insurer in or towards the discharge of any liability of any
person which is covered by the policy by virtue only of this sub-section shall
be recoverable by the insurer from that person.
(4) If
the amount which an insurer becomes liable under this section to pay in respect
of a liability incurred by a person insured by a policy exceeds the amount for
which the insurer would apart from the provisions of this section be liable
under the policy in respect of that liability, the insurer shall be entitled to
recover the excess from that person.
(5) In
this section the expression “material fact” and “material particular” mean,
respectively, a fact or particular of such a nature as to influence the
judgment of prudent insurer in determining whether he will take the risk and,
if so, at what premium and on what conditions, and the expression “liability
covered by the terms of the policy” means a liability which is covered by the
policy or which would be so covered but for the fact that the insurer is
entitled to avoid or cancel or has avoided or cancelled the policy.
(6) No
insurer to whom the notice referred to in sub-section (2) or sub-section (2-A)
has been issued shall be entitled to avoid his liability to any person entitled
to the benefit of any such judgment as is referred to in sub-section (1) or
sub-section (2-A) otherwise than in the manner provided for in sub-section
(2)…….
97.
Rights of
third parties against insurers on insolvency of the insured.— (1) Where under any contract of insurance
effected in accordance with the provisions of this Chapter a person is insured
against liabilities which he may incur to the third parties then:
(a)
In the event of the person becoming insolvent or
making a composition or arrangement with his creditors; or
(b)
Where the insured person is a company, in the
event of a winding up order being made or a resolution for a voluntary winding
up being passed with respect to the company or of a receiver or manager of the
company’s business or undertaking being duly appointed, or of possession being
taken by or on behalf of the holders of any debentures secured by a floating
charge of any property comprised in or subject to the charge.
If, either
before or after that event, any such liability is incurred by the insured
person, his rights against the insurer under the contract in respect of the
liability shall, notwithstanding anything to the contrary in any provision of
law, be transferred to and vest in the third party to whom the liability was so
incurred
(2) Where
an order for the administration of the estate of a deceased debtor is made
according to the law of insolvency, then, if any debt provable in insolvency is
owing by the deceased in respect of a liability to a third party against which
he was insured under a contract of insurance in accordance with the provisions
of this Chapter, the deceased debtor’s rights against the insurer in respect of
that liability shall, notwithstanding anything to the contrary in any provision
of law, be transferred to and vest in the person to whom the debt is owing.
(3) Any
condition in a policy issued for the purposes of this Chapter purporting either
directly or indirectly to avoid the policy or to alter the rights of the
parties thereunder upon the happening to the insured person of any of the
events specified in clause (a) or in clause (b) of sub-section (1) or upon the
making of an order for the administration of the estate of a deceased debtor
according to the law of insolvency shall be of no effect.
(4) Upon
a transfer under sub-section (1) or sub-section (2) the insurer shall be under
the same liability to the third party as he would have been to the insured
person, but—
(a)
if the liability of the insurer to the insured person
exceeds the liability of the insured person to the third party, nothing in this
Chapter shall affect the right of the insured person against the insurer in
respect of the excess; and
(b)
if the liability of the insurer to the insured person
is less than the liability of the insured person to the third party, nothing in
this Chapter shall affect the rights of the third party against the insured
person in respect of the balance.
98.
Duty to give
information as to insurance.— (1) No person against whom a claim is
made in respect of any liability referred to in clause (b)
of sub-section (1) of section 95 shall on demand by or on behalf of the person
making the claim refuse to state whether or not he was insured in respect of
that liability by any policy issued under provisions of this Chapter, or would
have been so insured if the insurer had not avoided or cancelled the policy,
nor shall he refuse, if he was or would have been so insured, to give such
particulars with respect to that policy as were specified in the certificate of
insurance issued in respect thereof.
(2) In
the event of any person becoming insolvent or making a composition or
arrangement with his creditors or in the event of an order being made for the
administration of the estate of a deceased person according to the Law of
Insolvency, or in the event of a winding up order being made or a resolution
for a voluntary winding up being passed with respect to any company or of a
receiver or manager of the company’s business or undertaking being duly
appointed or of possession being taken by or on behalf of the holders of any
debentures secured by a floating charge on any property comprised in or subject
to the charge, it shall be the duty of the insolvent debtor, personal
representative of the deceased debtor or company, as the case may be, or the
official assignee or receiver in insolvency, trustee, liquidator, receiver or
manager, or person in possession of the property to give at the request of any
person claiming than the insolvent debtor, deceased debtor or company is under
such liability to him as is covered by the provisions of this Chapter, such
information as may reasonably be required by him for the purpose of
ascertaining whether any rights have been transferred to and vested in him by
section 97, and for the purpose of enforcing such rights, if any; and any such
contract of insurance as purports whether directly or indirectly to avoid the
contract or to alter the rights of the
parties thereunder upon the giving of such information in the events aforesaid,
or otherwise to prohibit or prevent the giving thereof in the said events,
shall be of no effect.
(3) If,
from the information given to any person in pursuance of sub-section (2) or
otherwise, he has reasonable ground for supposing that there have or may have
been transferred to him under this Chapter rights against any particular
insurer, that insurer shall be subject to the same duty as is imposed by the
said sub-section on the persons therein mentioned.
(4) The
duty to give the information imposed by this section shall include a duty to allow
all contracts of insurance, receipts for premiums, and other relevant documents
in the possession or power of the person on whom the duty is so imposed to be
inspected and copies thereof to be taken.
99.
Settlement
between insurers and insured persons.— (1) No settlement made by an insurer
in respect of any claim which might be made by a third party in respect of any
liability of the nature referred to
in clause (b) of sub-section (1) of section 95 shall be valid unless such third
party is a party to the settlement.
(2) Where a
person who is insured under a policy issued for the purposes of this Chapter
has become insolvent, or where, if such insured person is a company, a winding
up order has been made or a resolution for a voluntary winding up has been passed
with respect to the company no agreement made between the insurer and the
insured person after liability has been incurred to a third party and after the
commencement of the insolvency or winding up, as the case may be, nor any
waiver, assignment or other disposition made by or payment made to the insured
person after the commencement aforesaid shall be effective to defeat the rights
transferred to the third party under this Chapter, but those rights shall be
the same as if no such agreement, wavier, assignment or disposition or payment
has been made.
100. Saving in respect of sections 97, 98 and
99.— (1) For the purposes of sections 97, 98 and 99, a reference to
“liabilities to third parties” in relation to a person insured under any policy
of insurance shall not include a reference to any liability of that person in
the capacity of insurer under some other policy of insurance.
(2) The
provisions of sections 97, 98 and 99 shall not apply where a company is wound
up voluntarily merely for the purposes of reconstruction or of an amalgamation
with another company.
101. Insolvency of insured persons not to affect
liability of insured or claims by third parties.— Where a certificate of
insurance has been issued to the person by whom a policy has been effected, the
happening in relation to any person insured by the policy of any such event as
is mentioned in sub-section (1) or sub-section (2) of section 97 shall,
notwithstanding anything in the Chapter, not effect any liability of that
person of the nature referred to in clause (b) of subsection (1) of section 95;
but nothing in this section shall affect any rights against the insurer
conferred under the provisions of section 97, 98 and 99 on the person to whom
the liability was incurred.
102. Effect of death on certain causes of
action.— Notwithstanding anything contained in section 306 of the
Succession Act, 1925, the death of a person in whose favour a certificate of
insurance had been issued, if it occurs after the happening of an event which
has given rise to a claim under the provisions of this chapter, shall not be a
bar to the survival of any cause of action arising out of the said event
against his estate or against the insurer.
103. Effect of certificate of insurance.— When
an insurer has issued a certificate of insurance in respect of a contract of
insurance between the insurer and the insured person, then –
(a)
If and so long as the policy described in the
certificate has not been issued by the insurer to the insured, the insurer
shall, as between himself and any other person except the insured, be deemed to
have issued to the insured person a policy of insurance confirming in all
respects with the descriptions and particulars stated in such certificate; and
(b)
If the insurer has issued to the insured the policy
described in the certificate, but the actual terms of the policy or less
favorable to persons claiming under or by virtue of the policy against the
insurer either directly or through the insured than the particulars of the
policy as stated in the certificate, the policy shall, as between the insurer
and any other person except the insured, be deemed to be in terms confirming
all respects with the particulars stated in the said certificate.
104. Duty to surrender certificate on
cancellation of policy.— (1) Whenever the period of cover under a policy of
insurance issued under the provisions of this chapter is terminated or
suspended by any means before its expiration by effluxion of time, the insured
person shall within seven days after such termination or suspension delivered to
the insurer by whom policy was issued the latest certificate of insurance given
by the insurer in respect of the said policy, for if the said certificate has
been lost or destroyed, made an affidavit to that effect.
(2) Whoever
fails to surrender a certificate of insurance or to make an affidavit, as the
case may be, in accordance with the provisions of this section shall be
punishable with fine which may extend to fifteen rupees for every day that the
offence continuous subject to a maximum of five hundred rupees.
105. Duty of insurer to notify registering
authority cancellation or suspension of the policy.— Whenever a policy of
insurance issued under the provisions of this chapter is cancelled or suspended
by the insurer who has issued the policy the insurer shall within seven days
notify such cancellation or suspension to the registering authority in whose
records the registration of the vehicle covered by the policy of insurance is
recorded or to such other authority as the Provincial Government may prescribed.
106. Production of certificate of insurance.— (1)
Any person driving a motor vehicle in any public place shall on being so
required by a police officer in uniform authorised in this behalf by the
Provincial Government produce the certificate of insurance relating to the use
of the vehicles.
(2) If, where
owing to the presence of a motor vehicle in a public place an accident, occurs
involving bodily injury to another persons, the driver of the vehicle does not
at the time produce the certificate of insurance to a police officer, he shall
produce the certificate of insurance at the police station at which he makes
the report required by section 89.
(2-A) No person
shall be liable to conviction under sub section (1) or sub section or
subsection (2) by reason only of the failure to produce the certificate of
insurance if, within seven days from the date on which its production was
required under sub-section (1) or, as he may be, from the date of occurrence of
the accident, he produces the certificate at such police station as may have
been specified by him to the Police Officer who required its production or, as
the case may be, to the police officer at the site of accident or to the
officer-in-charge of the Police Station at which he reported the accident:
Provided that,
except to such extent and with such modifications as may be prescribed, the
provisions of this sub-section shall not apply to the driver of a transport
vehicle.
(3) The
owner of a motor vehicle shall give such information as he may be required by
or on behalf of a police officer empowered in this behalf by the Provincial
Government to give for the purpose of determining whether the vehicle was or
was not being driven in contravention of Section 94 and on any occasion when
the driver was required under this section to produce his certificate of
insurance.
(4) In
this section the expression “produce his certificate of insurance” means
produce for examination the relevant certificate of insurance or such other
evidence as may be prescribed that the vehicle was not being driven in
contravention of section 94.
107. Production of certificates of insurance on
application for authority to use vehicle.— A provincial Government may make
rules requiring the owner of any motor vehicle when applying whether by payment
of a tax or otherwise for authority to use the vehicle in a public place to
produce such evidence as may be prescribed by those rules to the effect that
either—
(a) on the date when the
authority to use the vehicle comes into operation there will be in force the
necessary policy of insurance in relation to the use of the vehicle by the
applicant or by other persons on his order or with his permission, or (b) the
vehicle is a vehicle to which section 94 does not apply.
108. Co-operative Insurance.— (1) A
Provincial Government may, on the application of a cooperative society of
transport vehicle owners registered or deemed to have been registered under the
co-operative Societies Act, 1912, or under an Act of a Provincial Legislative
governing the registration of Co-operative Societies and subject to the control
of the Registrar of Co-operative
Societies of the Province, allow the society to transact the business of an insurer for the purposes
of this Chapter, subject to the following conditions, namely:--
(a)
the society shall establish and maintain a fund of not
less than twenty-five thousand for the first fifty vehicles or fractional part
thereof and prorate for every addition vehicle in the possession of members of
and insured with the society and the said fund shall be lodged in such custody
as the Provincial Government may prescribe and shall not be available for
meeting claims or other expenses except in the event of the winding up of the
society;
(b)
the insurance business of the society shall except to
the extent permitted under clause (cc) be limited to transport vehicles owned
by its members, and its liability shall be limited as specifies in sub-section
(2) of section 95;
(c)
the society shall, if required by the provincial
Government reinsure against claims above such amount as may be specified by the
Provincial Government;
(cc) the society
may, if permitted by the provincial Government and subject to such conditions
and limitations as may be imposed by it, accept reinsurances from other
societies allowed to transact the business of an insurer under this section;
(d)
the provisions of this Chapter, insofar as they relate
to the protection of third parties and to the issue and production of
certificates, shall apply in respect of any insurance effected by the society;
(e)
an independent authority not associated with the
society shall be appointed by the Provincial Government to facilitate and
assist in the settling of claims against the society;
(f)
the society shall operate on an insurance basis, that
is to say:---
(i)
it shall levy its premiums in respect of a period not
exceeding twelve months, during which period the insured shall be held covered
in respect of all accidents arising, subject to the limits of liability
specified in sub-section (2) of section 95;
(ii)
it shall charge premium estimated to be sufficient,
having regard to the risks, to meet the capitalized value of all claims arising
during the period of cover, together with and adequate charge for expenses
attaching to the issue of policies and to the settlement of claims arising thereunder;
(g)
the society shall furnish to the Controller of
Insurance the returns required to be furnished by insurers under the provisions
of the Insurance Act, 1938, and the Controller of Insurance may exercise in
respect thereof the powers exercisable
by him in respect of returns made to him under the said Act; and
(h)
the society shall, in respect of any business
transacted by it of the nature referred to in clause (i) of the proviso to
sub-section (1) Section 95, be deemed to be an insurer within the meaning of sub-section
(1) of Section 10, sub-section(6) of Section 13 of the insurance Act,1938.
(2) The
provisions of the insurance Act, 1938, relating to the winding up of insurance
companies shall, to the exclusion of any other law inconsistent therewith and
subject to such modifications as may be prescribed, apply to the winding up of
a co-operative society allowed to transact the business of an insurer under
this section as if it were an insurance company; but save as hereinbefore
provided, the Insurance Act, 1938 shall not apply to such society.
109. Duty to furnish particulars of vehicles
involved in accidents.— A
registering authority or the
officer-in-charge of a police station shall, if so required by a person who
allege that he is entitled to claim compensation in respect of an accident
arising out of the use of a motor vehicle, or if so required by an insurer,
against whom a claim has been made in respect of any motor vehicle, furnish to
that person or to that insurer, as the case may be, on payment of prescribed
fee any information at the disposal of the said authority or the said Police
Officer relating to identification marks and other particulars of the vehicle
and the name and address of the person who was using the vehicle at the time of
the accident or was injured by it.
110. Power to appoint person to investigate and
report on accident.— A Provincial Government may, by notification in the
official Gazette, appoint a person or a body of persons to investigate and
report on accidents involving the death of or bodily injury to any person
arising out of the use of motor vehicles and the extent to which their claims
to compensation have been satisfied and to advise and assist such persons or
representatives presenting their claims for compensation:
Provided that nothing
in this section shall confer on any such person or body of persons the right to
adjudicate in any way on the liability of the insurer or on the amount of
damages to be awarded except at the express desires of the insurer concerned.
111. Power to make rules.— (1) The Federal
Government may make rules for the purpose of carrying into effect the
provisions of the Chapter.
(2) Without prejudice to the generality of the
foregoing power, such rules may provide for—
(a)
the forms to be used for the purposes of this Chapter;
(b)
the making of application for and the issue of
certificates of insurance;
(c)
the issue of duplicates to replace certificates of
insurance mutilated, defaced, lost or destroyed;
(d)
the custody, production, cancellation and surrender of
certificates of insurance;
(e)
the records to be maintained by insurers of policies of
insurances issued under this Chapter;
(f)
the identification by certificates or otherwise of
persons or vehicles exempted from the provisions of this Chapter;
(g)
the furnishing of information respecting policy of
insurance by insurer;
(h)
the carrying into effect of the provisions of section
108;
(i)
adapting the provisions of this Chapter to vehicles
brought into Pakistan by persons making only a temporary stay therein by
applying those provisions with prescribed modifications; and
(j)
any other matter which is to be or may be prescribed.
125. Driving uninsured vehicle.— Whoever
drives a motor vehicle or causes or allows motor vehicle to be driven in
contravention of the provisions of section 94 shall be punishable with
imprisonment which may extend to three months, or with fine which may extend to
five hundred rupees, or with both.
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