Court : Delhi
Reported in : 100(2002)DLT30
..... is charged from the defaulter drivers as and when they are found disobeying the lawful directions of a public servant under sections 132/179 of the motor vehicles act, 1988 and such of the vehicles where they do notwant to compound challans are issued and their licenses or registration are seized and they are given a ..... of offenders be punched, in addition to imposing compounding fee of rs. 500/- for disobedience of lawful directions of public servant under sections 132 and 179 of the m.v. act referred to in the previous paragraph. (4) the entry of mgvs shall remain totally barred. the lgvs should be permitted to ..... areas of the walled city with brisk business activities. a wide variety of transportation modes namely manually pulled or pushed carts, animal driven vehicles and manual transportation of goods through head loads or basket loads is currently prevailing which are strongly dependent on wholesale trade and are major ..... cranes which are operating in the area of kotwali traffic circle and are towing unauthorisedly parked vehicles by taking frequent rounds of the area. as a result of this constant drive, 6999 scooters/motor-cycles, 1692 cars and 142 lgvs have been towed from 1.1.2001 to 30.9 ..... .2001 and a sum of rs. 10,85,400/ - (rupees ten lacs eighty five thousand four hundred only) has been charged as towing charge. besides, 'no parking' stickers are also being pasted on the unauthorisedly parked vehicles .....Tag this Judgment!
Court : Delhi
Reported in : II(2007)ACC1; 139(2007)DLT244; 2007(96)DRJ580
..... the offenders must be made to suffer this. another provision which can be of some useful reference is the provision of section 179 of the motor vehicles act which empowers the competent authorities to issue lawful directions for implementation of the provisions of the act. a person who willfully disobeys such lawful directions, has to pay a fine ofrs. 500/- obviously in addition to ..... competent authority, he shall be liable to pay costs ofrs. 500/- for each offence committed by him in addition to the composition fee payable in terms of section 200 of the motor vehicles act or any other enabling provision of law to that effect. wherever, the challan is tried by the court of competent jurisdiction, it shall consider the question of ..... and ensure that the same is brought to the notice of the legislature for its consideration and appropriate action. 49. under the provisions of motor vehicles act (section 206), the court taking cognizance of offences under that act have to dispose of the case as a summary disposal case. the offenders are normally interested in paying the compounding/composition fee to avoid ..... propagation of major crimes but still they are not able to prevent their user despite the fact that it also offends the provisions of the motor vehicles act, 1988 (hereinafter referred to as 'the act') and the central motor vehicles rules, 1989 (hereinafter referred to as 'the rules'). it is the obligation of the state to control and prevent commission of traffic offences primarily .....Tag this Judgment!
Court : Delhi
Reported in : 148(2008)DLT462
..... under the motor vehicles act, 1988 ('mv actmv actmv act') to contend that once an accused applies for compounding then the complainant would have to proceed with the compounding of the offence subject of course to not imposing a condition higher than what is contained in the statute itself. 7. mr. mansoor ali, learned counsel on behalf of the brpl submits that the section 152 of the act permitted compounding ..... -section (4) also indicates that this is a one-time measure vis--vis the consumer. 10. the language of section 200 mv actmv actmv act on the other hand is different. that provision reads as under:200. composition of certain offences.(1) any offence whether committed before or after the commencement of this act punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (2) of section ..... 183, section 184, section 186, section 189 may either before or after the institution .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2008ACJ466; 2007(2)MPHT365; 2007(1)MPLJ302
..... .1. this order shall also govern disposal of m.a. no. 179/2001 munna singh and ors. v. bidharam koli and ors. both the appeals under section 173 of the motor vehicles act, 1988 (in short 'the act') arise out of a common award dated 22-3-2000 passed under section 168 of the act by the sixth additional motor accident claims tribunal gwalior (in short 'tribunal') directing payment of ..... was thereafter on 16-11-1991.20. a division bench of this court in ishwar singh v. ashok kumar and ors. 2001 act 1714 has held considering sections 147(5) and 149(1) of the act and section 64vb of the insurance act, 1938, that dishonouring of cheque after issuance of certificate of insurance which includes the cover note does not affect the rights of ..... working as gangman in cpwi department of railway and his salary was rs. 4905/- per month.4. the legal representatives of the deceased pawan lodhi filed claim petition under section 166 of the act before the tribunal against the owner, driver and insurer of tanker claiming compensation to the tune of rs. 6,15,000/- on the ground that at the time ..... lodhi sustained severe injuries, he was immediately taken to the hospital, but during treatment he died.3. the legal heirs of the deceased hannu kushwaha filed claim petition under section 166 of the act before the tribunal against the owner, driver and insurer of tanker claiming compensation to the tune of rs. 15,44,200/- on the ground that at the time .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1992AP67; 1991(2)ALT625
..... department, central secretariat, new delhi and the government of andhra pradesh represented by its secretary, r&b; department, secretariat, hyderabad; to implement sub-section (3) of section 71 of the motor vehicles act, 1988 (act no. 59 of 1988), hereinafter referred to as the 'act of 1988', by limiting the number of stage carriages operating on the town service routes in bhimavaram town, west godavari district and further to direct ..... to grant him a permit. there is another angle to the problem. before the granting of a permit under rule 179 of the a.p. motor vehicles rules, 1989, which is applicable for the grant of permits u/ s. 80 of the act of 1988, certain guiding principles for grant of stage carriage permits have been provided. under this rule, provision ha been made for ..... a specified number of permits in so far as the medium and long routes are concerned. the point to be emphasised here is that by the guiding principles of rule 179 it is not as if that the existing operators are totally extinct from the realm of consideration by the authorities, but, indeed, they very much exist on a preferential basis ..... equal, preference for medium route is to be given to the existing operators holding one to four stage carriage permits. similarly under clause (c) of sub-rule (2) of rule 179 other things being equal, preference is to be given for long routes to the existing operators holding five or more stage carriage permits. it is, therefore, clear that as per .....Tag this Judgment!
Court : Chennai
Reported in : AIR2008Mad229
..... of the transport department, not below the rank of motor vehicle inspectors, (grade ii), have been empowered to collect spot fines from the transport vehicles of other states, even in places other than the check posts.7. section 200 of the motor vehicles act, 1988, provides for the levy of compounding fee in respect of offences punishable under sections 177, 178, 179, 180, 181, 182(1), 182(2), ..... the powers to police officials for compounding of offences in the cities of chennai, coimbatore, madurai and thiruchirappalli and the transport officials in the check posts, under section 200 of the motor vehicles act, 1988. the amounts chargeable as compounding fee were also revised and notified. the nature of offence and the revised amount of compounding fee were also notified in the said ..... offences relating to the said sections may seem to relate to ..... 183(1), 183(2), 184, 186, 190(2), 192, 194, 196 and 198 of the said act, even though the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC440; 2006(1)AWC158(SC); 2005(6)BomCR722; [2006(1)JCR303(SC)]; JT2005(10)SC238; 2006(I)OLR(SC)100; RLW2006(2)SC1501; 2005(9)SCALE238; (2005)12SCC642; 2006(1)LC27(SC
..... , karnataka and uttar pradesh under the provisions of section 200 of the motor vehicles act, 1988 (in short the 'act'). stand of the petitioners is that by the notifications certain acts outside the ambit of section 200 of the act have been covered, though those were committed in clear violation of mandate of sections 113 and 114 read with section 194 of the act. the notifications have been issued which in effect ..... 184, section 186, section 189, sub-section (2) of section 190, section 191, section 191, section 194, section 196, or section 198, may either before or after the institution of the prosecution, be compounded by such officers or ..... section 114 or removes or cause to removal of the load or part of it prior to weighing shall be punishable with fine which may extend to three thousand rupees.200. composition of certain offences: (1) any offence whether committed before or after the commencement of this act punishable under section 177, section 178, section 179, section 180, section 181, section 182, subsection (1) or sub-section (2) of section 183, section .....Tag this Judgment!
Court : Kerala
Reported in : 2003(2)KLT216
..... conversion prayed for was a variation of a condition of the permit not contemplated under section 80(3) of the motor vehicles act, but was one envisaged under rule 179 of the kerala motor vehicles rules, hereinafter referred to the rules. rule 179(2) reads:'upon receipt of an application made by the holder of the permit ..... to be recorded in writing disallow the same.'r. 179(2) specifically excludes applications for variations under section 80(3) of the act and the applications for conversion as lsos was not within the ambit of section 80(3) of the act. section 89 of the motor vehicles act deals with appeals. it was submitted by the learned ..... not maintainable.' even if the appeals filed by the respondents before the s.t.a.t. are to be treated as revision under section 90 of the motor vehicles act, the procedure contemplated by rule 11 of the state transport appellate tribunal rules was not at all complied with and as such the tribunal ..... from the authority or authorities who passed the impugned order for the purpose of proper adjudication of the appeal. the decision in appeal under section 89 of the motor vehicles act is final. therefore, it is the duty of the appellate tribunal to call for the records and remarks by issuing notice in form ..... records from the r.t.a. and without calling for a report as contemplated under rule 11 of the s.t.a.t. rules, 1988. it was further submitted that as per rule 11, the tribunal should have called for the records from the rta and the appeals should have .....Tag this Judgment!
Court : Guwahati
..... , therefore, ought to have allowed the no fault claim of rs. 50,000/- as provided under section 140 of the motor vehicles act, 1988 and should not have deferred the adjudication of the no fault liability of the respondents till adjudication of the original suit t.s. (mac) 179 of 1996: mr. bhowmik cited the judgment of supreme court in the case of shivaji dayanu patil ..... claims tribunal has denied the relief to the claimant-petitioners in the said claim case under section 140 of the motor vehicles-act, 1988 and has held that the said claim may be granted if the claimants satisfy the court in the original suit t.s. (mac) 179 of 1996 that the death of baikuntha ghosh on 7.1.1996 was due to road accident.2 ..... , 1939 which is similar to the provision of section 140 of the motor vehicles act, 1988 was in the nature of beneficial legislation ..... v. vatschala uttam more 1991 acj 777 (sc) and submitted that the provision under section 92-a of the motor vehicles act .....Tag this Judgment!
Court : Chennai
..... civil miscellaneous appeal is filed under section 173 of motor vehicles act, 1988, against the fair and decretal order dated 29.11.2004 made in m.c.o.p.no.179 of 2001 on the file of the motor accidents claims tribunal (sub court), hosur.judgment1. the claimant in m.c.o.p.no.179 of 2001, dissatisfied with the quantum of compensation amount, directed this appeal.2. according ..... , the tribunal came to the conclusion that the appellant also came driven his bike in a rash and negligent manner and contributed to the accident. by the collision of two vehicles, in the absence of evidence, contributory negligence cannot be attributed to the appellant. in the circumstances, the tribunal is not right in putting 40% of the blame on appellant. so ..... by the rider. an accident took place. in this, the appellant and the pillion-rider sustained multiple injuries.5. the tribunal recorded a finding that since in this accident two vehicles are involved, the appellant had also contributed to the accident and apportioned the negligence in the ratio of 40% and 60%. so, from the total compensation of rs.90,000 ..... a case as against the rider of tvs-50.7. to hold the appellant had also contributed to the accident, it must be established by acceptable evidence that by his act or omission he also contributed to the accident. now in this case, only the evidence of pws.1 and 2 is available. the rider of tvs-50 or any one .....Tag this Judgment!