Page 156 - The Motor Vehicles Act, 1988

142 THE MOTOR VEHICLES ACT, 1988 SECTION 178

175. Bar on jurisdiction of civil courts
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 civil court.
COMMENT
Provisions of s. 175 being not of retrospective nature cannot debar the jurisdiction of civil
courts as regards pending suits.—Anusuyabai v. Union of India 1993 ACJ 528
176. Power of State Government to make rules
A State Government may make rules for the purpose of carrying into effect the
provisions of sections 165 to 174, and in particular, such rules may provide for all or
any of the following matters, namely,—
(a) the form of application for claims for compensation and the particulars it
may contain, and the fees, if any, to be paid in respect of such applications;
(b) the procedure to be followed by a Claims Tribunal in holding an inquiry
under this Chapter;
(c) the powers vested in a civil court which may be exercised by a Claims
Tribunal;
(d) the form and the manner in which and the fees (if any) on payment of
which an appeal may be preferred against an award of a Claims Tribunal;
and
(e) any other matter which is to be, or may be, prescribed.
CHAPTER XIII
OFFENCES, PENALTIES AND PROCEDURE
177. General provision for punishment of offences
Whoever contravenes any provision of this Act or of any rule, regulation or
notification made thereunder shall, if no penalty is provided for the offence, be
1
punishable for the first offence with the fine which may extend to [five hundred rupees],
1
and for any second or subsequent offence with fine which may extend to [one thousand
and five hundred rupees].
2 [177A. Penalty for contravention of Regulations under section 118
Whoever contravenes the regulations made under section 118, shall be punishable
with fine which shall not be less than five hundred rupees, but may extend to one
thousand rupees.]
178. Penalty for travelling without pass or ticket and for dereliction of duty on the
part of conductor and refusal to ply contract carriage, etc.
(1) Whoever travels in a stage carriage without having a proper pass or ticket with
him or being in or having alighted from a stage carriage fails or refuses to present for
1. Substituted for “one hundred rupees” and “three hundred rupees” respectively by the Motor
Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
2. Inserted, ibid.