Motor Vehicles Act: Section 144 –  Overriding effect

The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Act or of any other law for the time being in force.

Simplified Explanation

Section 144 of the Motor Vehicles Act in India clarifies the overriding effect of the provisions contained within the Act over any inconsistent provisions in any other law currently in force. This is a standard clause found in many legislations to ensure that the specific provisions of a particular Act take precedence over general or older laws that might conflict with the new rules.

Overview of Section 144

This section ensures that in cases of any conflict between the provisions of the Motor Vehicles Act and any other law, the provisions of the Motor Vehicles Act will prevail. This is particularly important for maintaining a uniform legal framework regarding motor vehicle regulations and compensation for accidents across the country.

Key Points of Section 144

  1. Priority Over Other Laws: Section 144 establishes that the Motor Vehicles Act has priority over other laws where there might be conflicts, especially regarding the regulation of motor vehicles, road safety, insurance, and compensation for accident victims.
  2. Implication for Conflicting Laws: Any law that is inconsistent with the Motor Vehicles Act, whether passed before or after this Act, will be overridden by the provisions of this Act. This includes laws at both the state and central levels.
  3. Scope of Application: This overriding effect applies to all aspects covered by the Motor Vehicles Act, including but not limited to licensing of drivers, registration of vehicles, control of traffic, liabilities and duties of motor vehicle insurers, and settlement of claims related to motor vehicle accidents.

Practical Implications

  • Legal Clarity: Section 144 provides clear guidance to courts, insurance companies, and individuals about which laws apply in scenarios involving motor vehicles. This helps in reducing legal ambiguity and ensuring more straightforward enforcement of the Act.
  • Insurance and Compensation: In the context of motor vehicle accidents and insurance claims, this section ensures that the specific provisions for compensation and insurance requirements as outlined in the Motor Vehicles Act take precedence over any other potentially conflicting legislation.
  • Regulatory Uniformity: This overriding effect helps in maintaining a uniform regulatory environment across India concerning motor vehicle standards, safety measures, and traffic management.

Example Scenarios

  • Insurance Claims: If there is a state law that specifies a different procedure or compensation mechanism for motor vehicle accidents, Section 144 would mean that the procedures and mechanisms defined by the Motor Vehicles Act would still prevail.
  • Traffic Regulations: In cases where local laws might have older or differing regulations about aspects like vehicle registration or roadworthiness, the national standards and regulations set forth in the Motor Vehicles Act would override those local laws.

Section 144 is crucial for ensuring that the legislative intent of the Motor Vehicles Act is not diluted by other laws and that there is a cohesive and unified approach to motor vehicle regulation and accident compensation across India.

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