Chapter V — Control Of Transport Vehicles

Section 92Voidance of contracts restrictive of liability

Motor Vehicles Act, 1988 (Act 59 of 1988)

Text of the section

Voidance of contracts restrictive of liability.—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.

Reproduced from the India Code text of the Act. Bracketed superscript numerals are the official footnote markers for earlier amendments.

Amended by the 2019 Amendment Act

In section 92 of the principal Act, for the words “stage carriage or contract carriage, in respect of which a permit”, the words “transport vehicle, in respect of which a permit or licence” shall be substituted. 36.

This is the amending instruction from the Motor Vehicles (Amendment) Act, 2019 (Act 32 of 2019), quoted verbatim. Read it together with the text above — the consolidated version is the section as it reads once these changes are applied.

Before you rely on this. The base text above is the Act as consolidated by the India Code, which predates the 2019 amendment; any 2019 change is shown separately rather than merged in. Later amendments may also apply. For anything official, read the current text on the e-Gazette or the Ministry of Road Transport and Highways site.

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