Section 148: Validity of policies of insurance issued in reciprocating countries

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 148

Section 148 of the Motor Vehicles Act, 1988 recognizes the statutory validity and extraterritorial enforceability of motor insurance policies issued in reciprocating foreign countries for vehicles operating on common routes or territories within India, overriding Section 147.

  • Reciprocal Bilateral Agreement Benchmark: Applies to motor vehicles registered in a foreign country with which the Central Government has entered into a reciprocal agreement notified in the Official Gazette under Section 145(h).
  • Deemed Statutory Compliance with Chapter XI: Expressly overrides Section 147, directing that a foreign insurance policy validly in force under the insurance laws of the reciprocating country shall be treated as effective throughout the common Indian route as if it complied with Chapter XI.
  • Direct Third-Party Enforceability in Indian Tribunals: Subject to rules framed under Section 164B, empowers third-party victims injured in India by reciprocating foreign vehicles to maintain direct compensation claims enforceable against the designated domestic handling insurer or international guarantee bureau.
Key Landmark Precedents:
  • British Airways v. Union of India (2002) 2 SCC 95: The Supreme Court affirmed that reciprocal statutory provisions governing international transit must be applied so as to give full legal efficacy to international agreements ratified by India, ensuring that domestic victims receive equivalent statutory protection.
  • Gramophone Co. of India Ltd. v. Birendra Bahadur Pandey (1984) 2 SCC 534: The Supreme Court held that international law and transit conventions incorporated into domestic legislation must be construed in harmony with municipal legal remedies and social welfare protections.
Courtroom Practice & Strategic Litigation Guidance:

When filing a claim involving a cross-border commercial vehicle (e.g. from Nepal or Bangladesh operating under SAARC or bilateral transit protocols), invoke Section 148. Implead both the foreign owner and the Indian National Guarantee Bureau or authorized domestic insurer designated under the reciprocal protocol to ensure immediate financial execution in the MACT.