Page 37 - Insurance Times April 2021

estate only if death had nexus with the injuries and only This provision may however impact some burden on
in such cases the legal heirs would be entitled to come claims from the perspective of the insurers.
on record and continue with the prosecution of the
claim. After Amendment of the Act, the right of a 17. Driver Refresher Training Course (Section 20
person to claim compensation for injury in an accident with Section 200):
shall survive to his legal representatives, upon the death A new provision has been introduced mandating a
of the person injured irrespective of whether the cause condition to undergo driver refresher training course for
of death is relatable to or had any nexus with the injury reviving licence after suspension/ revocation under
or not. Section 19 and also for compounding of traffic offences
under Section 200.
14. Quantum for Appeal (Section 173):
No appeal shall lie against any award of MACT if the 18. Community Service as Punishment (Section 2
amount in dispute in the appeal is less than Rs. 1,00,000. (4a):
Earlier this amount was Rs. 10,000. This may reduce The Amendment Act introduces a provision of
litigation and appeals by the insurance companies. Community Service. It means an unpaid work, in which
Normally, insurers themselves were not encouraging a person is required to perform as punishment for an
the practice of appeal for smaller quantum. offence committed under this Act. This provision
encourages the reformative theory of punishment and
serves the dual purpose of punishment as well as social
15. Currency of Driving Licence (Section 14):
service.
The currency of DL for transport vehicles is now
extended to remain valid for 5 years & for the transport
19. Licensing of Cab Aggregators (Section 1A):
vehicle carrying goods of dangerous or hazardous
The Amendment Act defines "Aggregator" as a digital
nature validity is extended to 3 years instead of validity
intermediary or market place for a passenger to
of 3 years and one year respectively earlier for such
connect with a driver for the purpose of transportation.
vehicles. The validity of license for other vehicles for a
These aggregators will be issued necessary licenses by
license holder under 30 years remains valid till 40 years the State. Aggregators are required to comply with the
and over 30 years of age and below 50 years the validity extant provisions of Information and Technology Act,
is extended for 10 years. After attaining the age of 50 2000.
years, till 55 years the validity is extended till the age
of 60 years. On attaining the age of 55 years the DL is 20. Liabilities of Guardians in Case of Accidents by
extended for a period of 5 years. Earlier the DL's
Juveniles (Section 199(A):
currency remained valid for 20 years or till the person
The Amendment Act by inserting this section impose
attained the age of 50 years, whichever was earlier and
liability & fine of Rs. 25000 with a provision of three
thereafter it was extended for a period of 5 years. years imprisonment on guardian or the owner of the
vehicle responsible for an accident caused by a juvenile.
16. Renewal of Driving Licence (Section 15):
The juvenile will also be tried under the Juvenile Justice
The grace period of 30 days for every DL has now been (Care and Protection of Children) Act while the
omitted in the MV (Amendment) Act 2019. However, registration of the vehicle will be cancelled. Only time
where the application for the renewal of a licence is will tell whether this would aid towards controlling
made either one year prior to the date of its expiry, the driving by youngsters who are not even eligible to get
DL shall be renewed with effect from the date of its a driving licence.
renewal. The time limit for renewal of driving licence
thus increased from one month to one year before and 21. Property (Section 145):
after the expiry date. Where an application is made Baggage of passengers is now included in the definition
more than 3 years after the DL ceasing to be effective, of the property. Amendment Act property includes
the licensing authority may refuse to renew the licence roads, bridges, culverts, causeways, trees, posts,
unless the applicant undergoes and passes a test of milestones and baggage of passengers and goods
competence to drive to its satisfaction. carried in any motor vehicle.

The Insurance Times, April 2021 37