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Naya Raipur, the l8th June 2018
NOTIFICATION
No. F 5-05/YIIUTruns.l2018. - The following draft of further amendment in the Chhattisgarh Motor Vehicles Rules, 1994, which the State Government, in exercise of the powers conferred by Section 176 of the Motor Vehicles Act, 1988 Q.{o. 59 of 1988), proposes to make, is hereby, published as required by sub-section (l) of Section 212 of the said Act, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft shall be taken into consideration on the expiry of fifteen days from the date of publication of this notification in the Official Gazette.
Any objection or suggestions regarding the said draft received from any person, before the specified period, in office hours in the office of the Transport Commissioner, Third Floor, C-Block, Indrawati Bhawan, Naya Raipur, shall be considered by the Government of Chhattisgarh.
DRAFTAMENDMENT
In the said rules,-
After rule 240,the following shall be inserted, namely-
"240-A. Prohibition on release of motor vehicle causing accident-(l) No court shall release a motor vehicle causing an accident resulting in death or bodily injury or damage to property, if such vehicle is not covered by the policy ofinsurance against third party risks or ifthe 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 is likely to be awarded in a claim case arising out of such accident.
i Q) Where the motor vehicle is not covered by a policy of insurance against third party risks, or d whon registered owner of the motor vehicle fails to furnish copy of such policy as per condition mentioned in sub-rule (1), the motor vehicle shall be sold off in public auction by the magishate havingjurisdiction over the area where accident occurred, on expiry ofthree months ofthe 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 paying the amount of compensation that may have been awarded, or may be awarded in a 'claim case arising out ofsuch accident. (3) The Claims Tribunal shall return the balance arnount from the amount obtained by the public auction of the vehicle as per sub-rule (2) after paying the compensation finally decided in the claims case and after deducting the amount due to the transport department on account of the said vehicle, to the registered vehicle owner, but no interest shall be payable to the registered vehicle owner on said amount. The amount due to the transport department shall be sent to the transport department by the Claims Tribunal.
(4) No Tax/Interest/Penalty shall be leviable on the vehicle from the date of taking into custody by the investigating police offrcer till the date of public auction of the vehicle."