Motor Vehicles Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 123 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1) No person driving or in charge of a motor vehicle shall carry any person or permit any person to be carried on the running board or otherwise than within the body of the vehicle.
(2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle.
Section 123 of the Motor Vehicles Act, 1988 prohibits carrying passengers on the running board, bonnet, or roof of any motor vehicle, imposing twin statutory culpability on drivers/conductors for permitting such carriage and on passengers for engaging in such hazardous travel.
Duty of Driver and Crew: Section 123(1) prohibits any person driving or in charge of a motor vehicle from carrying, or permitting to be carried, any person on the running board or anywhere other than strictly within the body of the vehicle.
Direct Prohibition on Passengers: Section 123(2) creates a direct individual statutory bar prohibiting any person from traveling on the running board, roof, or bonnet of any motor vehicle on a public road.
Dual Liability & Policy Breach Implications: Violations generate concurrent criminal liability under Section 177/190 and provide insurance companies with grounds to plead contributory negligence or policy defense regarding unauthorized passenger risks.
Key Landmark Precedents:
National Insurance Co. Ltd. v. Rattani (2009) 2 SCC 75: The Supreme Court held that traveling on the roof or open cargo bed of a vehicle violates statutory safety commands under Section 123 and constitutes a fundamental breach of permit and policy conditions, absolving the insurer of third-party passenger liability in goods carriages.
United India Insurance Co. Ltd. v. Tilak Singh (2006) 4 SCC 404: The Supreme Court recognized that statutory travel prohibitions delineate the scope of insurable risk; passengers who choose to travel in hazardous positions outside the vehicle's body cannot claim unconditional third-party indemnity under an 'Act Only' policy.
Courtroom Practice & Strategic Litigation Guidance:
In MACT claims involving passengers who fell from overcrowded buses, insurers routinely plead contributory negligence under Section 123. To overcome this, claimant's counsel must establish that the conductor gave the whistle to start while the commuter was still boarding, or that conductor-regulated passenger influx forced the victim onto the footboard, thereby establishing crew negligence.
Legal Commentary & Landmark Judgments: Section 123
Section 123 of the Motor Vehicles Act, 1988 prohibits carrying passengers on the running board, bonnet, or roof of any motor vehicle, imposing twin statutory culpability on drivers/conductors for permitting such carriage and on passengers for engaging in such hazardous travel.
In MACT claims involving passengers who fell from overcrowded buses, insurers routinely plead contributory negligence under Section 123. To overcome this, claimant's counsel must establish that the conductor gave the whistle to start while the commuter was still boarding, or that conductor-regulated passenger influx forced the victim onto the footboard, thereby establishing crew negligence.