Condonation Of Delay In Filling Claim Application: New Motor Vehicle Act 2019

Condonation Of Delay In Filling Claim Application: New Motor Vehicle Act 2019
Motor Vehicles Act | Claim Petitions Filed Beyond 6 Months Cannot Be Dismissed By MACTs In Limine: Kerala High Court
The Kerala High Court recently held that the claim petitions filed under the Motor Vehicles Act cannot be dismissed by the Motor Accidents Claims Tribunals (MACT) in limine, if the same have been filed beyond the period of six months.
Judgment :- www.livelaw.in...
The Single Judge Bench of Justice Amit Rawal, while setting aside the impugned orders of the MACT, observed that,
"The provisions of the Limitation Act would be applicable for entertaining the petitions for claiming the compensation even beyond the period of six months, for, by taking into consideration, Rule 17 of Annexure XIII framed under Rule 150A of the Central Motor Vehicles Rules 1989. The limitation to entertain the claim petition cannot be restricted to six months as there is no provision in the Act excluding the applicability of provisions of Section 29(2) of the Limitation Act."
The Court in this case was dealing with a batch of petitions that dealt with common questions of fact and law, involving motor accident claim petitions being dismissed by Motor Accidents Claims Tribunals (MACT) holding the same to be barred by limitation since the same were not preferred within 6 months of the date of occurrence of the accident as per Section 166(3) of the Motor Vehicles Act.
It was contended on behalf of the petitioner Akshay Raj in the lead petition that the manner and mode in which the MACT passed the order was "wholly alien to settled principles", as the tribunal had to frame the issues since the question of limitation is a mixed question of fact and law.
It was submitted by Advocate S. Sreekumar, the amicus curiae, that Section 166 of the Motor Vehicles Act does not specifically exclude provisions of the Limitation Act.
It was contended before the Court that Section 5 of the Limitation Act only dealt with the application and the appeals and not with the suit.
"The expression 'claim petition' is synonymous with 'the applications' and therefore an aggrieved person would mean - legal heirs or through agent and cannot be deprived of claiming the compensation if not preferred within a period of six months as has been done in the impugned order, because there is no specific ouster of the applicability of the provisions of the Limitation Act," it was contended.
The Court perused Rule 150(A) of the Central Motor Vehicles Act as well as sub Rule 6, 12, 13, 17 and 21 of Annexure XIII.
"On cumulative reading of the aforementioned Rules, Annexure XIII r/w sub Section 4 of Section 166, it is evident that it is not necessary for a claimant to institute claim petition either through himself, in case of death, legal representative or through agent, if incapacitated/disabled, but, even the investigating officer while conducting the investigation in respect of an accident involving the motor vehicle can also submit an Interim Accident Report (IAR) within a period of fifty days of the accident and Detailed Accident Report (DAR) within a period of ninety days and also seek “Extension” which can be granted by the MACT for the reasons stated therein," it said.

[@Adv.AbhishekGilke]

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[@dreambirthm.sangma4728]

Hi sir,.

[@ParvanaPs-fe3us]

Sir. Claim file limitation period. 6 months or. More six months?please answer me.v

[@rockybahl3124]

But this judgement is good for Kerala only. What to do in Delhi?

[@user-so4bl2mo8w]

Kindly upload the judgement link.

[@Adv.AbhishekGilke]

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[@sanjayvlogs2012]

Jujmemt फाइनल डालिए कब तक आयेगा

[@sanjayvlogs2012]

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