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Motor Vehicles Act, 1988 Section 90

Title: Revision

State: Central

Year: 1988

..... Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order: Provided further that the State Transport Appellate Tribunal may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by good and sufficient cause from making the application in time: Provided also that the State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

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Motor Vehicles Act, 1988 Section 175

Title: Bar on Jurisdiction of Civil Courts

State: Central

Year: 1988

Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Court.

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Motor Vehicles Act, 1988 Section 131

Title: Duty of the Driver to Take Certain Precautions at Unguarded Railway Level Crossings

State: Central

Year: 1988

Every driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed.

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Motor Vehicles Act, 1988 Section 133

Title: Duty of Owner of Motor Vehicle to Give Information

State: Central

Year: 1988

The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the State Government, give all information regarding the name and address of, and the licence held by, the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him.

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Motor Vehicles Act, 1988 Section 144

Title: Overriding Effect

State: Central

Year: 1988

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.

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Motor Vehicles Act, 1988 Section 156

Title: Effect of Certificate of Insurance

State: Central

Year: 1988

When an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then (a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and (b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificate.

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Motor Vehicles Act, 1988 Section 160

Title: Duty to Furnish Particulars of Vehicle Involved in Accident

State: Central

Year: 1988

A registering authority or the officer-in-charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the lime of the accident or was injured by it and the property, if any, damaged in such form and within such time as the Central Government may prescribe.

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Motor Vehicles Act, 1988 Section 167

Title: Option Regarding Claims for Compensation in Certain Cases

State: Central

Year: 1988

Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923) where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both.

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Motor Vehicles Act, 1988 Section 171

Title: Award of Interest Where Any Claim is Allowed

State: Central

Year: 1988

Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf.

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Motor Vehicles Act, 1988 Section 174

Title: Recovery of Money from Insurer as Arrear of Land Revenue

State: Central

Year: 1988

Where any amount is due from any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue.

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