Section 144 of the Motor Vehicles Act, 1988 enacts a peremptory, non-obstante clause according overriding effect to the provisions of Chapter X (Liability without fault) over any conflicting provision of the Motor Vehicles Act or any other law in force across India.
Unconditional Non-Obstante Mandate: Opens with sweeping non-obstante wording ('Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force'), giving Chapter X absolute statutory supremacy.
Supremacy over Common Law and Contractual Terms: Invalidates any statutory defense, common law tort doctrine (such as volenti non fit injuria or contributory negligence), or contractual insurance exclusion that purports to negate or dilute immediate no-fault liability.
Mandatory Immediate Enforcement: Compels tribunals to direct payment of no-fault compensation at the preliminary threshold, preventing insurance companies from postponing payment by raising policy breach defenses during interim proceedings.
Key Landmark Precedents:
Eshwarappa v. CS Gurushanthappa (2010) 8 SCC 620: The Supreme Court held that Section 144 gives overriding effect to Section 140 over all other provisions of law; the liability to pay interim no-fault compensation arises immediately upon proof of accident, death/permanent disability, and involvement of the vehicle, and cannot be defeated by pleas of driver negligence or policy violations.
Gujarat State Road Transport Corp. v. Ramanbhai Prabhatbhai (1987) 3 SCC 234: The Supreme Court affirmed that the overriding nature of no-fault liability introduced under Section 144 represents an enlightened social welfare jurisprudence, overriding traditional English common law concepts of tortious liability founded strictly on negligence.
Courtroom Practice & Strategic Litigation Guidance:
Whenever an insurance company files preliminary objections against an interim no-fault application (alleging driving without a valid licence, fake permit, or drunkenness), invoke Section 144 r/w Eshwarappa. The tribunal must reject the insurer's objections at the interim stage, order immediate deposit of no-fault compensation, and reserve all coverage disputes for final hearing.
Legal Commentary & Landmark Judgments: Section 144
Section 144 of the Motor Vehicles Act, 1988 enacts a peremptory, non-obstante clause according overriding effect to the provisions of Chapter X (Liability without fault) over any conflicting provision of the Motor Vehicles Act or any other law in force across India.
Whenever an insurance company files preliminary objections against an interim no-fault application (alleging driving without a valid licence, fake permit, or drunkenness), invoke Section 144 r/w Eshwarappa. The tribunal must reject the insurer's objections at the interim stage, order immediate deposit of no-fault compensation, and reserve all coverage disputes for final hearing.