Site navigation

Which section of the Motor Vehicles Act, 1988 contains the election-of-remedies rule for overlapping…

Section 167 governs election where the same death or bodily injury gives rise to claims under motor vehicle and employee-compensation legislation. The claimant must elect…

Choose your answer

Which section of the Motor Vehicles Act, 1988 contains the election-of-remedies rule for overlapping motor-accident and employee-compensation claims?

Select one answer
Answer and explanation

Correct answer C

Section 167 governs election where the same death or bodily injury gives rise to claims under motor vehicle and employee-compensation legislation. The claimant must elect between the two remedies. The section refers to the 1923 employee-compensation statute, since repealed and replaced by Chapter VII of the Code on Social Security, 2020. Section 8 of the General Clauses Act, 1897 governs construction of cross-references to repealed and re-enacted provisions, subject to a contrary intention.

Option feedback

Option A

Incorrect. Section 168 of the Motor Vehicles Act, 1988 governs the award of the Claims Tribunal.

Option B

Incorrect. Section 166 of the Motor Vehicles Act, 1988 governs the filing of an application for compensation before the Claims Tribunal.

Option C

Section 167 requires an election where the same death or bodily injury gives rise to compensation claims under both statutory regimes.

Option D

Section 164 provides no-fault compensation for death or grievous hurt arising out of the use of a motor vehicle. Section 167 addresses overlapping statutory claims.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic