MVA 172 — Award of compensatory costs in certain cases

Motor Vehicles Act, 1988

Statutory text

(1) Any 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 -
(a) 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 (b) any party or insurer has put forward a false or vexatious claim or defence such Tribunal may make an order for the payment, by the party who is guilty of mis­
representation 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 Claims Tribunal Shall pass an order for special costs under sub­
section (1) for any amount exceeding one thousand rupees.
(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 mis-representation, 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 mis-representation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect of such mis-representation, claim or defence.
Corresponding Law. - Section 172 corresponds to section 110-CCC of the Motor Vehicles Act, 1939.
Objects and Reasons. - Clause 171 seeks to empower the Claims Tribunals to award special compensatory costs where in certain cases it is found that there has been mis-representation of case or vexatious to claims or defence.

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