SRINAGAR The Jammu and Kashmir government has prohibited any court from releasing a motor vehicle involved in an accident which results either in death, bodily injury or damage to property if the vehicle was not covered by the policy of insurance against third party risks.
While adding the sub-rule, the government has also sought objections to it by any person within six weeks and they can be submitted in writing to the Secretary to Government, Transport Department, and Civil Secretariat within a stipulated time frame.
No court shall release a motor vehicle involved in an accident resulting in death or bodily injury or damage to property, when such vehicle is not covered by the policy of insurance against third party risks taken in the name of registered owner or when the registered owner fails to furnish copy of such insurance policy despite demand by investigating police officer, unless and until the registered owner furnishes sufficient security to the satisfaction of the court to pay compensation that may be awarded in a claim case arising out of such accident, reads rule 310A added after Rule 310 of the J&K Motor Vehicles Rules 1991 regarding a prohibition against release of Motor Vehicle involved in accidents.
Where the motor vehicle is not covered by a policy of insurance against third party risks, or when registered owner of the motor vehicle fails to furnish copy of such policy in circumstance mentioned in sub-rule (1), the motor vehicle shall be sold off in public auction by the magistrate having jurisdiction over the area where accident occurred, on expiry of three months of the vehicle being taken in possession by the investigating police officer, and proceeds thereof shall be deposited with the claims tribunal having jurisdiction over the area in question, within fifteen days for purpose of satisfying the compensation that may have been awarded, or may be awarded in a claim case arising out of such accidents,” it adds. The sub-rules have been added by the government in exercise of the powers conferred to it by section 176 read with section 212 of the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988).
Any person who desires to object to the afore-said proposal/amendment may submit his/her objections in writing to the Secretary to Government, Transport Department, and Civil Secretariat within a period of six weeks from the date of publication of this publication (read August 27), reads a government notification issued here.
Any objection or suggestion received after the expiry of the period shall not be entertained, it added.
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