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THE MOTOR VEHICLES ACT, 1939

Title : THE MOTOR VEHICLES ACT, 1939

Year : 1939



In this Chapter-

1*[(a) "Authorised insurer" means an insurer in whose case the requirements of the Insurance Act, 1938,(4 of 1938.) are complied with ;]

(b) Certificate of insurance " means a certificate issued by
an authorised insurer in pursuance of sub-section (4) of section 95; and includes 3*[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 ;

4*["(ba) "Liability" wherever used in relation to the death of or bodily injury to any person includes liability in respect thereof under section 92A;]"

2*[(bb) "Property" includes roads, bridges, culverts, causeways, trees, posts and milestones ,]

3*[(C) "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;]

2*[(d) "Third party" includes the Government.]

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1 Subs. by Act 100 of 1956, s. 72 for the original cl. (w.e.f. 16-2- 1957).

2 Ins. by Act 56 of 1969, s. 52 (w.e.f. 2-3-1970).

3 Ins. by Act 100 of 1956, s. 72 (w.e.f. 16-2-1957).

4 Ins. by Act 47 of 1982, S. 12 (w.e.f. 1.10.1982).

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(1) No person shall use except as a passenger or cause or allow any other person to use a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other pereson, 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 no 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.

1*[(2) Sub-section (1) shall not apply to any vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercials enterprise.

(3) The appropriate Government may, by order, exempt from the
operation of sub-section (1) any vehicle owned by any of the following authorities. namely:-

(a) The Central Government or a State Government, if the vehicle is used for Government purposes connected with any commercial enterprise;

(b) Any local authority;

(c) Any State transport undertaking within the meaning of section 68A

Provided that no such order shall be made in relation to any sue authority unless a fund has been established and is maintained by that authority in accordance with the rules made in that behalf under this Act for meeting any liability arising out of the use of any vehicle of that authority which that authority or any person in its employment may incur to third parties.

2*[Explanation.-For the purposes of this sub-section, appropriate Government means the Central Government or the State Government, as the case may be, and-

(i) In relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government;

(ii) In relation to any corporation or company owned by the Central Government and one or more State Governments, means the Central Government;

(iii) In relation to any other State Transport Undertaking or any local authority, means that Government which has control over that Undertaking or authority.]

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1 Subs. by Act 100 of 1956, s. 73. for sub-section (2) (w.e.f. 16-2- 1957)

2 Subs. by Act 56 of 1969, s. 53, for Explanation (w.e.f. 2-3- 1970).

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(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 authorised insurer 1*[or by a co-operative society allowed under section 108 to transact the business of an insurer], and

2*[(b) Insures the person or classes of persons specified in the
policy to the extent specified in sub-section (2)-

(i) Against any liability which may be incurred by him in respect of the death of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place ;

(ii) Against the death of or bodily injury to any passenger of a public service vehicle caused by or, arising out of the use of the vehicle in a public place Provided that a policy shall not 3* * * be 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 4*[other than a liability arising under the Workmen's Compensation Act, 1923, in 8 respect of the death of, or bodily injury to, any such employee-

(a) Engaged in driving the vehicle, or

(b) If it is a public service vehicle, engaged as a conductor of the vehicle or in examining tickets on the vehicle, or

(c) If it is 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 a 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 front the vehicle at the time of the occurrence of the event 'out of which a claim arises, or

(iii) To cover any contractual liability.

6*[Explanation.-For the removal of doubts, it is hereby declared that the death of or bodily injury to any person or damage, to any

property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place.]

(2) Subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely:-

5*[(a) where the vehicle is a goods vehicle, a limit of 7*[one lakh and fifty thousand rupees] in all, including the liabilities, if any,arising under the Workmen's Compensation Act, 1923, (8 of 1923.) in respect of the death of, or bodily injury to, employees, (other than the driver), not exceeding six in number, being carried in the vehicle ;]

8*[(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,-

(i)in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all

9*["(ii) In respect of passengers, a limit of fifteen thousand rupees for each individual passenger;"] -

(c) Save as provided in clause (d), where the vehicle is a vehicle of any other class, the amount of liability incurred;

(d) Irrespective of the class of the vehicle, a limit of rupees 14*[six thousand]in all in respect of damage to any property of a third party.] 10* * * * * *

(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 11*** in the prescribed form a containing the prescribed particulars of any, conditions subject which the policy is issued and of any other prescribed matters different forms, particulars and matters may be prescribed in different cases.

12*[( (4A) Where a cover note issued by the insurer under the provisions of this Chapter or the rules made there under is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify he fact to the registering authority in whose records the vehicle to which the cover note relates has been registered or to such other authority as the State Government may prescribe.]

(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 person, 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 person.

13*[95A.Validity of policies of insurance issued in reciprocating countries. Where, in pursuance of an arrangement between India and any reciprocating country, any motor vehicle registered in the reciprocating country operates on any route or within any area common to the two Countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance in force in that country, then, notwithstanding anything contained in section 95  but subject to any rules which may be made under section 111, such policy of insurance shall be effective throughout the route or area in respect of which the arrangement has been made, as if the policy of insurance had complied with the requirements of this Chapter.

95AA.15* Security to be deposited by insurers.

(1) In addition to the deposits required to be made under section 7 of the Insurance Act, 1938, (4 of 1938.) every insurer who is competent to issue a policy of insurance in accordance with this Chapter, shall deposit and keep deposited with the Reserve Bank of India or the State Bank of India, a sum of rupees thirty thousand as security for the due discharge of any liability covered by a policy of insurance issued in accordance with the provisions of this Chapter.

(2) Any sum deposited under sub-section (1) shall be deemed to be part of the assets of the insurer but shall not be susceptible of any assignment or charge nor shall it be liable to any attachment in execution of any decree except for meeting the claims arising in respect of a policy of insurance issued after the complying with the requirements of this Chapter.
 
(3) Where, on an application made to it in this behalf, any Court or Claims Tribunal, which has made an award for compensation under this Act, is satisfied-

(i) That the applicant has exhausted all other remedies open to him to recover his dues from the insurer, or

(ii) That the award has been made after the insurer has gone into liquidation, it may direct the payment of such, compensation from out of the sum deposited under sub-section (1):

Provided that in the case of the insolvency of the insurer-

(a) Such payment shall not be made until all claims under this Act against the insurer have been settled ; and

(b) Payment so made shall be proportionate to the amount of compensation allowed in each case.]

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1. Ins. by Act 100 of 1956 s. 74 (w.e.f. 16-2-1957).

2. Subs. by Act 56 of1969, s. 54, for cl. (b) (w.e.f. 2-3-1970).

3. The words "exceptas my be otherwise provided under sub-section (3)" omitted by Act 100 of 1956, s. 74 (w.e.f. 16-2-1957).

4. Ins. by s. 74, ibid. (w.e.f. 16-2-1957).

5. Ins. by Act 56 of 1969, (w,e.f, 2-3-1970).

6. Subs. by Act 100 of 1956, s. 74, for the former cl. (w.e.f. 16-2- 1957).

7. Subs. by Act 56 of 1969, s. 54 for "twenty" (w.e.f. 2-3-1970).

8. Subs. by s. 54, ibid., for clause (b) and (c) (w.e.f. 2-3-1970).

9. Subs. by Act 47 of 1982, S. 13 (w.e.f. 1.10.1982).

10. Sub-section (3) omitted by Act 100 of 1956, s. 74 (w.e.f. 16-2- 1957).

11. The words "or a cover note" omitted by s. 74, ibid. (w.e.f. 16-2- 1957).

12. Ins. by s. 74, ibid. (w.e.f. 16-2-1957).

13. Ins by. s. 75, ibid. (w.e.f. 16-2-1957).

14. Subs. by Act 47 of 1982, S. 13 (w.e.f. 1.10.1982).

15. Ins. by Act 56 of 1969, s. 55 (w.e.f. 2-3-1970).

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(1) If, after a certificate of insurance 1 * * * has been issued under sub-section (4) of section 95 in favour of the person by whom  judgments against persons insured in respect of third party risks. 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 there under, as if he were 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 on 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 an 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 the certificate of insurance was surrendered 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, or

(b) For organised racing and speed testing, or 114A

(c) For a purpose not allowed by the permit under which the vehicle is used, where the vehicle is 2*[a transport 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 not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification : or

(iii) A condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or

(c) 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.

3*[(2A) Where any such judgment as is referred to in sub-section
(1) is obtained from a Court 4* * * in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908, (5 of 1908.) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance 1 Act, 1938, (4 of 1938.)and whether or not he is registered under the corresponding law of the reciprocating country) 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 India.

Provided that no sum shall be payable by the insurer in respect of any such judgment unless, before or after the commencement of the proceedings in which the judgment is given, the insurer had notice through the Court Concerned of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law 4* * * of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in sub-section (2).]

(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 expressions "material fact" and "material particular" mean, respectively, a fact or particular of such a nature as to influence the judgment of a 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 en titled to avoid or cancel or has avoided or cancelled the policy.

(6) No insurer to whom the notice referred to in sub-section (2) 6* [or sub-section (2A)] has been given 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) 6*[or sub-section (2A)] otherwise than in the manner provided for in sub-section (2) 6*[or in the corresponding law 7*** of the reciprocating country, as the case may be].

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1 The words "or a cover note" omitted by Act 100 of 1956, s.76 (w.e.f.16-2-1957)

2 Subs. by Act 58 of 1960, s. 3 and Sch. II, for "a public service vehicle or a goods vehicle".

3 lns. by Act 100 of 1956, s. 76 (w.e.f. 16-2-1957).

4 Omitted by Act 25 of 1968, s.2 and Sch. (w.e.f. 15-8-1968).
 
5The words " or cover note" omitted by Act 100 of 1956, s. 76 (w.e.f. 16-2-1957).

6 Ins. by s. 76, ibid. (w,e.f.16-2-1957).

7 Omitted by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8-1968).

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(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 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 there under upon the happening to the insured person of any of the events specified in clause (a) or
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 rights 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.



(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 the 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 that 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 116 contract or to alter the rights of the parties there under 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.



(1) No settlement made by an insurer in respect of any clam 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, waiver, assignment or disposition or payment has been made.



(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. 



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, notwith- standing anything in this Chapter, not affect any liability of that person of the nature referred to in clause (b) of sub-section (1) of section 95 ; but nothing in this section shall affect any rights against, the insurer conferred under the provisions of sections 97, 98 and 99 on the person to whom the liability was incurred.



Notwithstanding anything contained in section 306 of the Indian Succession Act, 1925, (39 of 1925.) the death of a person in whose favour a certificate of insurance 1* * * 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.
 


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 conforming in all respects with the description 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 polity are less favourable 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 conforming in all respects with, the particulars stated in the said certificate.
 
103A. 1* Transfer of certificate of insurance.

(1) Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter proposes to transfer to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, he may apply in the prescribed form to the insurer for the transfer of the certificate of insurance and the policy described in the certificate in favour of the person to whom the motor vehicle is proposed to be transferred, and if within fifteen days of the receipt of such application by the insurer, the insurer has not intimated the insured and such other person his refusal to transfer the certificate and the policy to the other person the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person, to whom the motor vehicle is transferred with effect from the date of its transfer.

(2) The insurer to Whom any application has been made under sub- section (1) may refuse to transfer to the other person the certificate of insurance and the policy described in that certificate if he considers it necessary so to do, having regard to-

(a) The previous conduct of the other person,-

(i) As a driver of motor vehicles; or
 
(ii) As a holder of the policy of insurance in respect of any motor vehicle; or

(b) Any conditions which may have been imposed in relation to any such policy held by the applicant ; or

(c) The rejection of any proposal made by such other person for the issue of a policy of insurance in respect of any motor vehicle owned or possessed by him.

(3) Where the insurer ha:; refused to transfer, in favour of the person to whom the motor vehicle has been transferred, the certificate of insurance and the policy described in that certificate, he shall refund to such transferee the amount, if any, which, under the terms of the policy, he would have had to refund to the insured for the unexpired term of such policy.]

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1 Ins. by Act 56 of 1969, s. 56 (w.e.f. 1-10-1970).

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(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 effusion of time, the insured person shall within seven days after such termination or suspension deliver to the insurer by whom the policy was issued the latest certificate, of insurance given by the insurer in respect of the said policy, or, if the said certificate has been lost or destroyed, make 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 continues subject to a maximum of five hundred rupees.



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 the vehicle covered by the policy of insurance is recorded or to such other authority as the State Government may prescribe.



(1) Any person driving a motor vehicle in any public place shall on being so required by a police officer in uniform 1*[authorised in this behalf by the State Government] produce the certificate of insurance relating to the use of the vehicle. 2 * * * * * *

(2) If, where owing to the presence of a motor vehicle, in a public place an accident occurs involving bodily injury to another person, 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* * * * * *

3*[2A) No person shall be liable to conviction under sub-section
(1) or sub-section (2) by reason only of the failure to produce the certificate of insurance a if, within seven days from the date on
which its production was required under sub-section (1), or as the case 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 the 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 State Government to give for the purpose of determining whether the vehicle was or was not being driven in con- travention 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.

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1. Ins.by Act 100 of 1956.s.78 (w.e.f.16-2-1957).

2. Proviso omitted by s.78. ibid. (w.e.f. 16-2-1957).

3. Ins.by s.78. ibid. (w.e.f. 16-2-1957). 

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A State 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.



(1) A State Government may, on the application of a cooperative society of 1*[transport vehicle] owners registered or deemed to have been registered under the Co-operative Societies Act, 1912. or under an Act of a State Legislature governing the registration of Co-operative Societies and subject to the control of the Registrar of Co-operative Societies of the State, allow the society to transact the business of an insurer for the purposes of this Chapter 2* * subject to the following conditions, namely:-

(a) The society shall establish and maintain a fund of not less than twenty-five thousand rupees for the first fifty vehicles or fractional part thereof and pro rata for every additional vehicle in the possession of 1*[members of, and insured with, the society subject to a maximum of one hundred and fifty thousand rupees] and the said fund shall be lodged in such custody as the State 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 trans- port vehicles owned by its members, and its liability shall
be limited as specified in sub-section (2) of section 95;]

(c) The society shall, if required by the State Government, reinsure against claims above 3[such amount as may be specified by the State Government];

2*[(cc) The society may, if permitted by the State Government and subject to such conditions and-limitations as may be imposed by it, Accept re-insurances from other societies allowed to transact the business of an insurer under this section;

(d) The provisions of this Chapter, in so far 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 State 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 3* * * sub- section (2) of section 95;

(ii) It shall charge premiums estimated to be sufficient, having regard to the risks, to meet the capitalised value of all claims arising during the period of cover, together with an adequate charge for expenses attaching to the issue of policies and to the settlement of claims arising there under;

(g) The society shall furnish to the 4*[Controller of Insurance] the returns required to be furnished by insurers under the provisions of the Insurance Act, 1938, (4 of 1938.) and the 4*[Controller of Insurance] may exercise in respect thereof any of the powers exercisable by him in respect of returns made to him under the said Act; 5* * *

6*[(h) The society shall, in respect of any business transacted by it of the nature referred to in clause (i) of the proviso to subsection (1) of section 95, be deemed to be an insurer within the meaning of sub-section (1) of section 10 and sub-section (6) of section 13 of the Insurance Act, 1938; (4 of 1938.)

(i) The provisions of the Insurance Act, 1938, (4 of 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 the society.]

(2) Except as provided in sub-section (1), the Insurance Act, 1938, (4 of 1938.) shall not apply to any co-operative society of 3*[transport vehicle] owners allowed to transact the business of an insurer under this section.

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1. Subs. by Act 100 of 1956, s. 79, for "public service vehicle" (w.e.f. 16-2-1957). 2. The words "as if the society were an authorised insurer" omitted by s. 79, ibid. (w.e.f. 16-2-1957).

2. Subs. by Act 100 of 1956, s. 79, for "members of the society" (w.e.f. 16-2-1957).

3. Subs. by s. 79, ibid., for the former el. (w.e.f. 16-2-1957).

4. Subs. by s. 79, ibid., for "a prescribed amount" (w.e.f. 16-2- 1957).

5. Ins. by s. 79, ibid. (w.e.f. 16-2-1957).

6. The words, brackets and letter "clause (b), of" omitted by S. 79, ibid. (w.e.f. 16-2-1957).

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A registering authority or the officer in charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation it 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 the prescribed fee any information at the disposal of the said authority or the said police officer relating to the 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.

Provided that where the sum standing to the credit of the Solarium Fund is not adequate for meeting any claim for compensation under this section, such claim may be kept pending for payment till such time as the sum necessary for meeting it becomes available in the Fund.

(6) The provisions of sub-section (1) of section 110A shall apply for the purpose of making applications for compensation under this section as they apply for the purpose of making applications for compensation referred to in that sub-section.

109B.Refund in certain cases of compensation paid under section 109A.

(1) The payment of compensation in respect of the death of, or grievous hurt to, any person under section 109A shall be subject to the condition that if any compensation (hereafter in this subsection referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this Act or any other law or otherwise, so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 109A shall be credited to the Solatium Fund by way of refund.

(2) Before awarding compensation in respect of an accident involving the death of, or bodily injury to, any person arising out of the use of a motor vehicle or motor vehicles under any provision of this Act (other than section 109A) or any other law, the tribunal, court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury compensation has already been paid under section 109A or an application for payment of compensation is pending under that section, and such tribunal, court or other authority shall,-

(a) If compensation has already been paid under section 109A, direct the person liable to pay the compensation awarded by it to pay into the Solatium Fund so much thereof as is required to be credited to that Fund in accordance with the provisions of sub-section (1);

(b) If an application for payment of compensation is pending under section 109A. forward the particulars as to the compensation awarded by it to the authority in which the Solatium Fund vests.

Explanation.-For the purposes of this sub-section, an application for compensation under section 109A shall be deemed to be pending-

(i) If such application has been rejected, till the date of the rejection of the application, and (ii) in any other case, till the date of payment of compen- sation in pursuance of the application.

109C Scheme for the administration of the Solatium Fund.

(1) The Central Government 'may, by notification in the Official Gazette, make a scheme, specifying the authority in which the Solatium Fund shall vest, the manner in which the Fund shall be administered, the form, manner and the time within which application for compensation from the Fund 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 Fund and the payment of compensation therefrom.

(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:

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.

(3) Every scheme made under this section shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid. both Houses agree in making any modification in the scheme or both Houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect. as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme.]



(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereinafter referred to as Claims Tribunals) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of 2*[motor vehicles, or damages to any property of a third party so arising, or both:

Provided that where such claim includes a claim for compensation in respect of damage to property exceeding rupees two thousand, the claimant may, at his option. refer the claim to a civil court for adjudication, and where a reference is so made, the Claims Tribunal shall have no jurisdiction to entertain any question relating to such claim.]

5*[Explanation.-For the removal of doubts, it is hereby declared that the expression "claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles" includes claims for compensation under section 92A.]

(2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof.

(3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he-

(a) Is, or has been, a Judge of a High Court, or

(b) Is, or has been, a District Judge, or

(c) Is qualified for appointment as a Judge of the High Court.

(4) Where two or more Claims Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.

110A. Application for compensation.

(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 110 may be made-

(a) By the person who has sustained the injury ; or

3*["(aa) By the owner of the property; or"]

(b) Where death has resulted from the accident, 6*[by all or any of the legal representatives] of the deceased ; or

(c) By any agent duly authorised by the person injured 7*[or all or any of the legal representatives] of the deceased, as the case may be:

4*[Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.]

(2) Every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particular as may be prescribed:

9*[109A. Special provisions as to compensation in cases of hit and run motor accidents.

(1) For the purposes of this section, section 109B and section 109C,-

(a) "Grievous hurt" shall have the same meaning as in the Indian Penal Code;

(b) "Hit and run motor accident" means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose;

(c) "Scheme" means the scheme framed under section 109C;

(d)"Solatium Fund" means the Fund established under sub-section (2).

(2) The Central Government may, by notification in the Official Gazette, establish a Fund to be known as the Solatium Fund.
 
(3) The Solatium Fund shall be utilised for paying, in accordance with the provisions of this Act and the scheme, compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents.

(4) Notwithstanding anything contained in the General Insurance Business (Nationalisation) Act, 1972 or any other law for the time being in force or any instrument having the force of law, the General Insurance Corporation of India formed under section 9 of the said Act and the insurance companies for the time being carrying on general insurance business in India shall make to the Solatium Fund such contributions as the Central Government may from time to time by order in writing specify, and in addition to such contributions, the said Fund shall consist of-

(a) Such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from time to time;

(b) Such sums as the State Governments may from time to time contribute; and

(c) Such other sums as may be received (whether by way of refund, gift, donation or in any other manner) for being credited to the Fund.

(5) Subject to the provisions of this Act and the scheme, there shall be paid as compensation out of the Solatium Fund,-

(a) In respect of the death of any person resulting from a hit and run motor accident, a fixed sum of five thousand rupees;

(b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of one thousand rupees:

10*["Provided that where any claim for compensation under section 92A is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant."

(3) No application for 13*[such compensation] shall be entertained unless it is made within 11*[six months] of the occurrence of the accident:

Provided that the Claims Tribunal may entertain the application after the expiry of the said period of 11*[six months] if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

12*[110AA.Option regarding claims for compensation in certain cases.

Notwithstanding anything contained in the Workmen' Compensation Act, 1923, (8 of 1923.) where the death of or bodily injury to any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation 14*["may, without prejudice to the provisions of Chapter VIIA, claim such compensation"] under either of those Act but not under both.]

110B.Award of the Claims Tribunal.

On receipt of an application for compensation made under section 110A, the Claims Tribunal shall, after giving the parties an opportunity of being heard 16*["hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 109B, may make an award"] determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid; and in making the award the Claims Tribunal, shall specify the amount which shall be paid by the insurer 15*[or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be]:

16*["Provided that where such application makes a claim for compensation under section 92A in respect of 'the death or permanent disablement of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter VIIA.]

110C.Procedure and powers of Claims Tribunals.

(1) In holding any inquiry under section 110B, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary-procedure as it thinks fit.

(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of 18*["section 195 and Chapter- XXVI of the Code of Criminal Procedure, 1973"]

17*[(2A) Where in the course of any inquiry, the Claims Tribunal satisfied that-

(i) There is collusion between the person making the claim and the person against whom the claim is made, or

(ii) The person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded by it in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall there- upon have the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made.]

(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry.

19*[110CC. Award of interest where any claims is allowed.

Where any Court or Claims Tribunal allows a claim for compensation made under this 20*[Act], such Court or Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf.

110CCC. Award of compensatory costs in certain cases.

(1) Any Court or Claims Tribunal adjudicating upon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that-

(i) The policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or

(ii) Any party or insurer has put forward a false or vexatious claim or defence, such Court or Tribunal may make an order for the payment, by the party who is guilty of misrepresentation or by whom such claim or defence has been put forward, of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has, been put forward.

(2) No Court or Claims Tribunal shall pass an order for special
costs under sub-section (1) for any amount exceeding rupees one thousand.

(3) No person or insurer against whom an order has been made under this section shall, by reason thereof be exempted from any criminal liability in respect of such misrepresentation, claim or defence as is referred to in sub-section (1).

(4)Any amount awarded by way of compensation under this section in respect of any misrepresentation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect of such misrepresentation, claim or defence.]

110D.Appeals.

(1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal, to the High Court:

Provided that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
 
(2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in the appeal is less than two thousand rupees.

110E.Recovery of money from insurer as arrear of land revenue.

Where any money is due from 8*[any person] under an award, the Claims Tribunal may, on an application made to it by the person entitled to the money, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue.

110F. Bar of jurisdiction of Civil Courts.

Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court.]

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1. Subs. by Act 100 of 1956, s. 80, for s, 110 (w.e.f. 16-2-1957).

2. Subs. by Act 56 of 1969, s, 57, for 'motor vehicles" (w.e.f. 2- 3-1970).

3. Ins. by Act 47 of 1978, S. 32 ( w.e.f 16.1.1979)

4. Ins. by Act 47 of 1982, S. 14 (w.e.f 1.10.1982)

5. Ins. by S. 15, ibid. (w.e.f. 1.10.1982).

6. Subs. by Act 56 of 1960, s. 58, for "by the legal representatives" (w.e.f 2-3-1970).

7. Subs. by s. 58, ibid., for "or the legal representatives" (w,e.f. 2-3-1970),

8. Ins. by s. 58, ibid. (w.e.f. 2-3-1970).

9. Sub by s. 58, ibid., for "sixty days" (w.e.f, 2-3-1970).

10. Ins. by S. 59, ibid. (w.e.f. 2-3-1970),

11. Ins. and subs. by Act 47 of 1982, S. 16 (w.e.f.1.10.1982).

12. Subs. by S. 17, ibid. (w.e.f. 1.10.1982).

13. Ins. by Act 56 of 1969, S. 60 (w.e.f. 2-3-1970)

14. Ins. by s.61 ibid. (w.e.f. 2-3-1970)

15. Subs. by Act 47 of 1978, S. 33 (w.e.f. 16.1.1979).

16. Subs. and ins. by Act 47 of 1982, S. 18 (w.e.f. 1.10.1982).

17. Ins. by Act 56 of 1969,s, 62 (w.e.f. 2-3-1970)

18. Subs. by Act 47 of 1982, S. 19 (w.e.f. 1.10.1982).

19. Subs. by Act 56 of 1969 S. 63, for "an insurer" (w.e.f. 2-3- 1970).

20. Subs. by Act 100 of 1956, s. 81, for "lost or destroyed" (w.e.f. 16-2-1957).

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(1) The Central Government may make rules for the purpose of carrying into effect the provisions of this 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 applications for and the issue of certificates of insurance ;

(c) The issue of duplicates to replace certificates of insurance 2*[lost, destroyed or mutilated];

(d) The custody, production, cancellation and surrender of certificates of insurance ;

(e) The records to be maintained by insurers of policies of insurance 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 policies of insurance by insurers;

(h) The carrying into effect of the. provisions of section 108; 

(i)adapting the provisions of this Chapter to vehicles brought into 1*[India] by persons making only a temporary stay therein 2*[or to vehicles registered in the State of Jammu and Kashmir or in a reciprocating country and operating on any route or within any area in India] by applying those provisions with prescribed modifications; and

(j) Any other 'matter which is to be or may be prescribed.

3*[111A. Power of State Government to make rules.

A State Government may make rules for the purpose of carrying into effect the provisions of sections 110 to 110E, and in particular, such rules may provide for all or any of the following matters, namely:-

(a) The form of application for claims for compensation and the, particulars it may contain ; and the fees, if any, to be paid in respect of such applications;

(b) The procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter ;

(c) The, powers vested in a Civil Court which 4*[and the fees (if any on payment of which] may be exercised by a Claims Tribunal ;

(d) The form and the manner in which 4*[and the fees (if any) on payment of which] an appeal may be preferred against an award of a Claims Tribunal; and

(e) Any other matter which is to be, or maybe, prescribed.]

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Subs. by Act 3 of 1961, s. 3 and Sch., for "the States".

2. ins. by Act 100 of 1956, s. 81 (w.e.f. 16-2-1957).

3. Ins. by s. 82, ibid. (w.e.f. 16-2-1957).

4. Ins. by Act 56 of 1969, s. 64 (w.e.f. 2-3-1970).

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Last updated on August, 2016

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