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MVA, 1988
Start Practicing
MVAChapter VSection 92
Section92

Voidance of contracts restrictive of liability

AI Assist

Summary

A passenger-carriage contract for a permitted stage or contract carriage cannot lawfully exclude or limit anyone's liability for a passenger's death or bodily injury while boarding, riding, or alighting. It also cannot impose conditions that make enforcing such claims harder.

Example

Ravi boards a permitted contract carriage and signs a ticket saying the operator is not liable for injuries. He is hurt while alighting. The exclusion clause is void, so Ravi can still sue the operator or claim compensation despite the ticket.

Bare Act

Enacted text

Any contract for the conveyance of a passenger in a stage carriage or contract carriage, in respect of which a permit has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void.

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V

Chapter V

Control of Transport Vehicles

In this chapter

  • 66Necessity for permits
  • 67Power to State Government to control road transport
  • 68Transport Authorities
  • 69General provision as to applications for permits
  • 70Application for stage carriage permit
  • 71Procedure of Regional Transport Authority in considering application for stage carriage permit
  • 72Grant of stage carriage permit
  • 73Application for contract carriage permit
  • 74Grant of contract carriage permit
  • 75Scheme for renting of motor cabs
  • 76Application for private service vehicle permit
  • 77Application for goods carriage permit
  • 78Consideration of application for goods carriage permit
  • 79Grant of goods carriage permit
  • 80Procedure in applying for and granting permits
  • 81Duration and renewal of permits
  • 82Transfer of permit
  • 83Replacement of vehicles
  • 84General conditions attaching to all permits
  • 85General form of permits
  • 86Cancellation and suspension of permits
  • 87Temporary permits
  • 88Validation of permits for use outside region in which granted
  • 89Appeals
  • 90Revision
  • 91Restriction of hours of work of drivers
  • 92Voidance of contracts restrictive of liability
  • 93Agent or canvasser to obtain license
  • 94Bar on jurisdiction of Civil Courts
  • 95Power of State Government to make rules as to stage carriages and contract carriages
  • 96Power of State Government to make rules for the purposes of this Chapter
Previous · Section 91Restriction of hours of work of driversNext · Section 93Agent or canvasser to obtain license