Motor Vehicles Law MCQ Quiz - Objective Question with Answer for Motor Vehicles Law - Download Free PDF

The correct answer is 'Medical Certificate'.

Key Points

• Medical Certificate:
  • A medical certificate is mandatory for applying for a commercial vehicle license as it ensures that the applicant is physically and mentally fit to operate a commercial vehicle safely.
  • Driving commercial vehicles requires higher levels of attention and physical fitness due to the size and complexity of the vehicles, as well as the responsibility of transporting goods or passengers.
  • The medical certificate is typically issued by a registered medical practitioner and confirms the applicant’s visual acuity, hearing ability, and overall health condition.
  • In India, the medical certificate is required under the Motor Vehicles Act and must comply with the prescribed format outlined in government regulations.

Additional Information

• Vehicle Fitness Certificate:
  • The vehicle fitness certificate ensures that the vehicle is in roadworthy condition and meets safety standards. It is mandatory for the vehicle itself but not specifically for obtaining a commercial vehicle license.
  • This document is typically required during vehicle registration and periodic renewals rather than during the license application process.
• Vehicle Registration Certificate:
  • A vehicle registration certificate proves that the vehicle is legally registered with the relevant transport authority. While it is essential for vehicle ownership and operation, it is not mandatory for applying for a commercial vehicle license.
  • This certificate pertains to the vehicle and not directly to the driver or the license application.
• Life Insurance:
  • Life insurance is a financial instrument that provides coverage to individuals in case of death or disability but is not a prerequisite for obtaining a commercial vehicle license.
  • Although life insurance is advisable for general financial security, it is unrelated to the licensing process for commercial vehicles.

The correct answer is Option 3.

Key Points

Chronological Arrangement of Sections under the Motor Vehicles Act, 1988:

• The Motor Vehicles Act, 1988, organizes provisions related to claim tribunals and procedures in a specific order.

1. Claim Tribunals (Section 165):

   • Establishes the constitution of claim tribunals for adjudicating upon claims for compensation in respect of accidents involving motor vehicles.

2. Application for Compensation (Section 166):

   • Outlines the procedure for filing an application for compensation to the tribunal.

3. Award of Claim Tribunal (Section 168):

   • Details the process and criteria for the tribunal to make an award for compensation.

4. Procedure and Power of Claim Tribunal (Section 169):

   • Defines the procedural aspects and powers of the claim tribunal during the adjudication process.

Conclusion:

• The correct chronological order as per the sections of the Motor Vehicles Act, 1988, is:
  • C. Claim Tribunals (Section 165)
  • D. Application for Compensation (Section 166)
  • B. Award of Claim Tribunal (Section 168)
  • A. Procedure and Power of Claim Tribunal (Section 169)

Therefore, the correct answer is Option 3: C, D, B, A.

The correct answer is 1)A, C and D only.

Key PointsExplanation of Statements as per the Motor Vehicles Act, 1988

• Section 140 of the Motor Vehicles Act, 1988
  • Deals with the principle of No Fault Liability. Hence statement A is correct.
• United Indian Insurance Ltd v. Karamchand (2011)
  • This case deal with third parties in the context provided. Hence statement B is correct.
• Section 149 of the Motor Vehicles Act, 1988
  • Covers the doctrine of pay and recover. Hence statement C is correct.
• Section 173 of the Motor Vehicles Act, 1988
  • States that an appeal to the High Court from the award of the Motor Accident Claim Tribunal must be preferred within 90 days from the date of the award. Hence statement D is incorrect.

The correct answer is '90 days'

Key Points

• Overview of Section 173 of the Motor Vehicles Act, 1988:
  • Section 173 of the Motor Vehicles Act, 1988, deals with the right to appeal against the award given by a Claims Tribunal.
  • An aggrieved person has the right to appeal to the High Court if they are dissatisfied with the award.
• Timeframe for Appeal:
  • The act specifies that the appeal should be made within 90 days from the date of the award by the Claims Tribunal.
  • This timeframe ensures that there is a sufficient period for the aggrieved party to prepare their case and seek legal recourse.

Additional Information

• Other Options Explained:
  • 30 days: This timeframe is too short considering the complexities involved in preparing an appeal.
  • 60 days: Although more reasonable than 30 days, it is still not the period provided by the law.
  • 120 days: This is longer than the legally specified period and could lead to unnecessary delays in the legal process.

The correct answer is 'Sec. 2(30) of the Motor Vehicles Act, 1988'

Key Points

• Sec. 2(30) of the Motor Vehicles Act, 1988:
  • This section provides the definition of the term 'Owner' under the Motor Vehicles Act, 1988.
  • According to Sec. 2(30), 'Owner' means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement.

Additional Information

• Sec. 2(10) of the Motor Vehicles Act, 1988:
  • This section defines the term 'Driving License'.
  • It refers to the official document issued by the authority permitting a person to drive a motor vehicle.
• Sec. 2(20) of the Motor Vehicles Act, 1988:
  • This section defines the term 'Motor Cab'.
  • It refers to any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward.
• None of the above:
  • This option is incorrect as Sec. 2(30) specifically defines the term 'Owner'.

The correct answer is 'Medical Certificate'.

Key Points

• Medical Certificate:
  • A medical certificate is mandatory for applying for a commercial vehicle license as it ensures that the applicant is physically and mentally fit to operate a commercial vehicle safely.
  • Driving commercial vehicles requires higher levels of attention and physical fitness due to the size and complexity of the vehicles, as well as the responsibility of transporting goods or passengers.
  • The medical certificate is typically issued by a registered medical practitioner and confirms the applicant’s visual acuity, hearing ability, and overall health condition.
  • In India, the medical certificate is required under the Motor Vehicles Act and must comply with the prescribed format outlined in government regulations.

Additional Information

• Vehicle Fitness Certificate:
  • The vehicle fitness certificate ensures that the vehicle is in roadworthy condition and meets safety standards. It is mandatory for the vehicle itself but not specifically for obtaining a commercial vehicle license.
  • This document is typically required during vehicle registration and periodic renewals rather than during the license application process.
• Vehicle Registration Certificate:
  • A vehicle registration certificate proves that the vehicle is legally registered with the relevant transport authority. While it is essential for vehicle ownership and operation, it is not mandatory for applying for a commercial vehicle license.
  • This certificate pertains to the vehicle and not directly to the driver or the license application.
• Life Insurance:
  • Life insurance is a financial instrument that provides coverage to individuals in case of death or disability but is not a prerequisite for obtaining a commercial vehicle license.
  • Although life insurance is advisable for general financial security, it is unrelated to the licensing process for commercial vehicles.

The correct answer is 1)A, C and D only.

Key PointsExplanation of Statements as per the Motor Vehicles Act, 1988

• Section 140 of the Motor Vehicles Act, 1988
  • Deals with the principle of No Fault Liability. Hence statement A is correct.
• United Indian Insurance Ltd v. Karamchand (2011)
  • This case deal with third parties in the context provided. Hence statement B is correct.
• Section 149 of the Motor Vehicles Act, 1988
  • Covers the doctrine of pay and recover. Hence statement C is correct.
• Section 173 of the Motor Vehicles Act, 1988
  • States that an appeal to the High Court from the award of the Motor Accident Claim Tribunal must be preferred within 90 days from the date of the award. Hence statement D is incorrect.

The correct answer is 'Rs. 10,000 and 6 months imprisonment'

Key Points

• Driving without a valid license:
  • Section 181 of the Motor Vehicle Act 1988 addresses the consequences of driving without a valid license.
  • The act has undergone several amendments to ensure stricter penalties and compliance.
  • In the recent amendment, individuals caught driving without a valid license face a penalty of Rs. 5,000 and 3 months imprisonment.
  • This stringent measure aims to enhance road safety and ensure only authorized individuals operate vehicles.

Additional Information

• Other penalties under Section 181:
  • Rs. 1,000 and one year imprisonment: This option is incorrect as it does not reflect the current amendment's penalties.
  • Rs. 5,000 and three months imprisonment: This option is also incorrect and does not align with the latest amendment.
  • Rs. 2,000 and 3 months imprisonment: This option is incorrect based on the recent changes to the act.
• Importance of driving with a valid license:
  • Ensures that the driver has undergone proper training and assessment.
  • Helps in maintaining road safety and reducing accidents.
  • Facilitates legal and accountable driving practices.

The correct answer is 'The Motor Vehicles Act'

Key Points

• The Motor Vehicles Act:
  • The Motor Vehicles Act in India has been amended to include provisions for compensation based on both the fault principle and the no-fault principle.
  • Under the fault principle, the claimant must prove negligence on the part of the other party to receive compensation.
  • Under the no-fault principle, the claimant is entitled to compensation without needing to prove any fault or negligence on the part of the other party.
  • This dual approach ensures that victims of motor vehicle accidents receive timely and fair compensation regardless of the circumstances.

Additional Information

• Factories Act:
  • The Factories Act primarily focuses on the health, safety, and welfare of workers in factories. It does not specifically address compensation based on fault or no-fault principles.
• Employees Compensation Act:
  • The Employees Compensation Act deals with compensation to employees for injuries sustained during employment. It operates largely on a no-fault basis but is specific to employment-related injuries and not general public liability.
• Public Liability Insurance Act:
  • This Act provides for immediate relief to persons affected by accidents occurring while handling hazardous substances. It is designed more for industrial accidents and environmental hazards rather than general motor vehicle accidents.

The correct answer is Option 3.

Key Points

Chronological Arrangement of Sections under the Motor Vehicles Act, 1988:

• The Motor Vehicles Act, 1988, organizes provisions related to claim tribunals and procedures in a specific order.

1. Claim Tribunals (Section 165):

   • Establishes the constitution of claim tribunals for adjudicating upon claims for compensation in respect of accidents involving motor vehicles.

2. Application for Compensation (Section 166):

   • Outlines the procedure for filing an application for compensation to the tribunal.

3. Award of Claim Tribunal (Section 168):

   • Details the process and criteria for the tribunal to make an award for compensation.

4. Procedure and Power of Claim Tribunal (Section 169):

   • Defines the procedural aspects and powers of the claim tribunal during the adjudication process.

Conclusion:

• The correct chronological order as per the sections of the Motor Vehicles Act, 1988, is:
  • C. Claim Tribunals (Section 165)
  • D. Application for Compensation (Section 166)
  • B. Award of Claim Tribunal (Section 168)
  • A. Procedure and Power of Claim Tribunal (Section 169)

Therefore, the correct answer is Option 3: C, D, B, A.

The correct answer is Option 3.

Key Points

Section 168 of the Motor Vehicles Act, 1988 deals with the award of compensation by the Motor Accident Claims Tribunal in cases of motor vehicle accidents.

Section 168 states:

Award of the Claims Tribunal:

(1) On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162, 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 or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be.

(2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award.

(3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.

The key term in Section 168 is that the compensation awarded must be just. This means the compensation should be:

• Adequate: It should cover the actual loss suffered by the victim or their family.
• Fair: It should be equitable and reasonable, considering all the circumstances of the case.
• Just: It should be morally and legally appropriate, considering the principles of justice and fairness.

The term "just" is the exact term used in Section 168 of the Motor Vehicles Act. It signifies that the compensation should be legally and morally appropriate, covering the aspects of adequacy and fairness.

Key PointsThe Motor Vehicle Act, 1988 is a comprehensive piece of legislation that governs all aspects related to vehicles in India. This includes the establishment of Claim Tribunals, the procedure for filing applications for compensation, the powers of these tribunals, and how awards are determined and given.
Let's break down each option in the question to understand the chronological order as per the Motor Vehicle Act, 1988:
C. Claim Tribunals: Section 165 establishes the tribunals. It lays down the foundation for the rest of the process by setting up the necessary judicial bodies that will handle claims related to motor vehicle accidents. This logically is the first step in the process as there needs to be a tribunal in place to handle claims.
D. Application for Compensation: Once the tribunals are established, the next logical step is for the affected parties to file their applications for compensation. Section 166 outlines how individuals can seek redress and what needs to be included in their applications.
B. Award of Claim Tribunal: After applications for compensation are received, the tribunal deliberates on them and then makes its awards based on the merits of each case. Section 168 details how the tribunal decides on the awards to grant to the claimants.
A. Procedure and Power of Claims Tribunal: Section 169 likely outlines the broader procedures the tribunal follows in handling cases, including the powers it has in terms of summoning parties, enforcing its decisions, etc. It's a more detailed look at how the tribunal operates beyond just handling applications and making awards.
Based on this breakdown, the correct chronological order as stated in the Motor Vehicle Act, 1988 would be:
1. C. Claim Tribunals: Establishing the tribunal.
2. D. Application for Compensation: Filing applications for compensation.
3. B. Award of Claim Tribunal: Making decisions on those applications.
4. A. Procedure and Power of Claims Tribunal: Detailing the operational procedures and powers of the tribunal.
Hence, the correct answer is option 1: C, D, B, A.
- This order reflects the logical sequence from establishing tribunals, through to the application process, the awards being given, and then detailing the tribunal's broader operational framework.

The correct answer is 'Medical Certificate'.

Key Points

• Medical Certificate:
  • A medical certificate is mandatory for applying for a commercial vehicle license as it ensures that the applicant is physically and mentally fit to operate a commercial vehicle safely.
  • Driving commercial vehicles requires higher levels of attention and physical fitness due to the size and complexity of the vehicles, as well as the responsibility of transporting goods or passengers.
  • The medical certificate is typically issued by a registered medical practitioner and confirms the applicant’s visual acuity, hearing ability, and overall health condition.
  • In India, the medical certificate is required under the Motor Vehicles Act and must comply with the prescribed format outlined in government regulations.

Additional Information

• Vehicle Fitness Certificate:
  • The vehicle fitness certificate ensures that the vehicle is in roadworthy condition and meets safety standards. It is mandatory for the vehicle itself but not specifically for obtaining a commercial vehicle license.
  • This document is typically required during vehicle registration and periodic renewals rather than during the license application process.
• Vehicle Registration Certificate:
  • A vehicle registration certificate proves that the vehicle is legally registered with the relevant transport authority. While it is essential for vehicle ownership and operation, it is not mandatory for applying for a commercial vehicle license.
  • This certificate pertains to the vehicle and not directly to the driver or the license application.
• Life Insurance:
  • Life insurance is a financial instrument that provides coverage to individuals in case of death or disability but is not a prerequisite for obtaining a commercial vehicle license.
  • Although life insurance is advisable for general financial security, it is unrelated to the licensing process for commercial vehicles.

The correct answer is Option 3.

Key Points

Chronological Arrangement of Sections under the Motor Vehicles Act, 1988:

• The Motor Vehicles Act, 1988, organizes provisions related to claim tribunals and procedures in a specific order.

1. Claim Tribunals (Section 165):

   • Establishes the constitution of claim tribunals for adjudicating upon claims for compensation in respect of accidents involving motor vehicles.

2. Application for Compensation (Section 166):

   • Outlines the procedure for filing an application for compensation to the tribunal.

3. Award of Claim Tribunal (Section 168):

   • Details the process and criteria for the tribunal to make an award for compensation.

4. Procedure and Power of Claim Tribunal (Section 169):

   • Defines the procedural aspects and powers of the claim tribunal during the adjudication process.

Conclusion:

• The correct chronological order as per the sections of the Motor Vehicles Act, 1988, is:
  • C. Claim Tribunals (Section 165)
  • D. Application for Compensation (Section 166)
  • B. Award of Claim Tribunal (Section 168)
  • A. Procedure and Power of Claim Tribunal (Section 169)

Therefore, the correct answer is Option 3: C, D, B, A.

The correct answer is '90 days'

Key Points

• Overview of Section 173 of the Motor Vehicles Act, 1988:
  • Section 173 of the Motor Vehicles Act, 1988, deals with the right to appeal against the award given by a Claims Tribunal.
  • An aggrieved person has the right to appeal to the High Court if they are dissatisfied with the award.
• Timeframe for Appeal:
  • The act specifies that the appeal should be made within 90 days from the date of the award by the Claims Tribunal.
  • This timeframe ensures that there is a sufficient period for the aggrieved party to prepare their case and seek legal recourse.

Additional Information

• Other Options Explained:
  • 30 days: This timeframe is too short considering the complexities involved in preparing an appeal.
  • 60 days: Although more reasonable than 30 days, it is still not the period provided by the law.
  • 120 days: This is longer than the legally specified period and could lead to unnecessary delays in the legal process.