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Section 92: Voidance of contracts restrictive of liability

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 91 All 217 Sections of Motor Vehicles Act Section 93

Legal Commentary & Landmark Judgments: Section 92

Section 92 of the Motor Vehicles Act, 1988 statutorily nullifies any contract, ticket condition, or waiver purporting to exclude or restrict the liability of a public service vehicle operator for the death of or bodily injury to a passenger, declaring such restrictive covenants void ab initio.

  • Statutory Declaration of Nullity: Under Section 92, any contract made by or on behalf of a passenger in a public service vehicle purporting to negative or restrict the carrier's liability for death or personal injury is void in law.
  • Inapplicability of Passenger Consent or 'Own Risk' Tickets: Conditions printed on passenger tickets, charter contracts, or digital booking slips such as 'passenger travels at own risk' or 'carrier not liable for mechanical failure' are legally extinguished by the mandatory mandate of Section 92.
  • Non-Derogable Public Policy Safeguard: Section 92 acts as a non-derogable statutory bar rooted in public policy under Section 23 of the Indian Contract Act, ensuring that a victim's constitutional right to life and statutory right to compensation cannot be defeated by standard-form adhesion contracts.
Key Landmark Precedents:
  • Central Inland Water Transport Corpn. v. Brojo Nath Ganguly (1986) 3 SCC 156: The Supreme Court held that unconscionable contractual clauses excluding liability for negligence or bodily injury entered into between parties of unequal bargaining power are opposed to public policy and void under Section 23 of the Contract Act; Section 92 of the MV Act is a statutory codification of this paramount public policy principle.
  • Lily White v. R. Munuswami AIR 1966 Mad 13: The Madras High Court affirmed that terms printed on commercial receipts or passenger tickets seeking to exonerate carriers from tortious liability have no legal validity in the face of mandatory statutory prohibitions protecting consumer life and safety.
Courtroom Practice & Strategic Litigation Guidance:

When defending a MACT passenger compensation claim, never raise disclaimer clauses printed on the reverse of a bus ticket or digital travel invoice. Tribunals will summarily strike down such defenses under Section 92. Instead, focus defense strategy on absence of carrier negligence, unavoidable third-party vehicle collision, or claimant fraud.

Section 91 All 217 Sections of Motor Vehicles Act Section 93