Manifold Advisory

Powers of Licensing Authority: The licensing authority has been given the power to withdraw/cancel/withhold the license in the following cases:

if the driver is a habitual drunkard 2. habitual of drugs 3. if the vehicle has been found in cognizable offense 4. if the driver is a danger to the public. 5. if a license is obtained by fraud or misrepresentation, 6. if the driver has not passed the test drive, 7. the driver is under eighteen and was given the license under the care of a guardian, who is now not taking care of 8. under the above circumstances the license can be canceled/withdrawn or suspended and 9. license can be revoked also so these are the powers of Licensing Authority.

मोटर व्हीकल एक्ट १९३९ में चैप्टर ७ अ के अन्दर सेक्शन ९२ ऐ से ९२ इ तक और चैप्टर आठ में जो third पार्टी से संबधित बाते थी, वो अब मोटर व्हीकल एक्ट १९८८ में चैप्टर ११ और १२ में लिखी गयी है.

Chapter 10 (sections 140 to 144) is related to no-fault liability. No fault liability basis means where claimant side does need not to prove the fault of the other side. Without proving who was at fault the road victim was to get interim compensation of Rs 50000 for death and Rs 250000 for grievous injury and further road victim was allowed to move under section 166 for claiming unlimited compensation for death and injury subject to proving the fault of another side. If the fault was not established then the amount received under no fault liability is not returned back and on proving the fault the victim or his legal heirs will be given an award as pronounced by the MACT court and an interim amount that was sanctioned under section 140 shall be deducted from the award that is given under section 166. However, the latest position after an amendment to MV Act 2022, if a person is going for a no-fault liability advantage then he or she will not be allowed to take advantage of section 166, the award shall be full and final on a no-fault basis. The amount is now Rs 200000 for grievous injury and Rs 5 lakh for death cases. So now the position is different. Chapter 11 of the MV Act, 1988 (sections 145 to 164) was relevant and dealt with the concept of insurance of motor vehicles against third parties. Chapter XII (12) of MV Act 1988 (sections 165 to 176) deals with the subject of the Claims Tribunal. Please note that MACT stands for Motor Accident Claims Tribunal, these are special courts assigned for road accident cases and these courts are established by the State Government (wherever the State Government feels to do the same) to hear all types of road accidents third-party cases of injury, death and property damages. These courts (MACT) have all the powers of a Civil Court, but these are called tribunals because these courts are created for special purposes and these courts will not hear other cases.

So the MACT court has been given all civil court powers and in fact, it is a civil court in principle but called MACT.