Omitted
Section 144 of the Motor Vehicles Act, 1988 deals with omitted. [Overriding effect.]-- Omitted by s. 50, ibid. The Act came into force on 01 Jul 1989.
[Overriding effect.]-- Omitted by s. 50, ibid. (w.e.f. 1-4-2022).]
Section 144, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Eshwarappa @ Maheshwarappa vs C. S. Gurushanthappa
Court's Decision & Legal Precedent
The liability of a motor vehicle owner under Section 140 of the Motor Vehicles Act 1988 to pay no-fault compensation for death or permanent disablement resulting from a motor accident is absolute and independent of the owner's knowledge, consent, or involvement in the accident, and such compensation is a fixed sum determined by law that cannot be reduced, refused, or delayed based on the circumstances of the accident, the fault of the vehicle operator, the unauthorized use of the vehicle, or the procedural timing of the claim, as the statutory scheme under Chapter X (read with Sections 146-147) embodies a public policy mandate that all accident victims receive minimum compensation from the insurance fund to ensure immediate relief without exception or procedural impediment.
On this section: Overriding effect provision establishing that Chapter X (Sections 140-144) provisions prevail notwithstanding anything contained in any other provision of the Act or any other law
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State of Punjab vs Bhajan Kaur
Court's Decision & Legal Precedent
A statute is presumed to be prospective unless held to be retrospective, either expressly or by necessary implication. Where a right is created by an enactment, in the absence of a clear provision in the statute, it is not to be applied retrospectively. The statutory liability created under Section 92-A of the Motor Vehicles Act 1939 (providing Rs. 15,000 no-fault liability) was the right applicable when the cause of action arose for an accident occurring in 1983. The Motor Vehicles Act 1988, which came into force on 1 July 1989 and increased no-fault liability to Rs. 25,000 (and later to Rs. 50,000 in 1994), does not have retrospective effect as it contains no express or necessary implication of retrospective application. Rights and liabilities of parties are determined by the law in force when the cause of action arose, not by later legislation. Section 6 of the General Clauses Act 1897 saves existing rights under the repealed statute but does not create new rights, and therefore applies to protect the claimant's right to the Rs. 15,000 compensation under the 1939 Act rather than extending the enhanced compensation of the 1988 Act.
On this section: Clause stating Chapter X provisions have effect notwithstanding anything in other laws; analyzed to determine legislative intention regarding retrospectivity
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 144
What have the courts held on Section 144 of the Motor Vehicles Act?
Eshwarappa @ Maheshwarappa vs C. S. Gurushanthappa (18 Aug 2010) is the leading judgment on this section among those set out below: Overriding effect provision establishing that Chapter X (Sections 140-144) provisions prevail notwithstanding anything contained in any other provision of the Act or any other law. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2008 to 2010.
How do I find court cases under Section 144 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 144, section 144 MV Act, section 144 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Eshwarappa @ Maheshwarappa vs C. S. Gurushanthappa (18 Aug 2010).
When did Section 144 of the Motor Vehicles Act come into force?
Section 144 of the Motor Vehicles Act, cited as MV Act 144, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 72. Grant of stage carriage permits868 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.