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HANCHATE SANJEEVKUMAR
Divisional Manager, United India Insurance Co. Ltd. – Appellant
Versus
Sangamma W/o. Shekhappa Patted – Respondent
JUDGMENT :
This appeal is filed by the Insurance Company on the ground that the claim petition is time barred and hence, the claim petition is not maintainable.
2. The factum of accident is not in dispute.
3. Heard the arguments advanced by the learned counsel for the parties on both sides. Perused the records.
4. Learned counsel for the appellant submitted that the accident was occurred on 27.07.2010 and claim petition was filed on 07.02.2020. An amendment was made to the Motor Vehicles Act (for short, hereinafter referred to as ‘M.V. Act’) to Section 166 (3) prescribing period of limitations to prefer the claim petition within a period of six months from the date of the accident. Therefore, contended that the claim petition filed by the claimants is a time barred. But the Tribunal without considering this and allowed the claim petition. Hence, prays to allow the appeal by holding that the claim petition filed is time barred and set aside the judgment and award passed by the Tribunal.
5. On the hand the learned counsel for the respondents/claimants submitted that the amendment made to the Section 166 (3) of the M.V. Act, came into force on 01.04.2022 prescribing limitation of six month
The rights and liabilities of parties are determined based on the law prevailing at the time of the cause of action, and the General Clauses Act, 1897 protects the rights accrued at the time of the c....
The non-notification of amendment provisions means prior statutes govern claim timelines, allowing the claim despite a dismissal for being time-barred.
The amended provision of the Motor Vehicles Act, 1988 has only prospective effect from 1st April, 2022, and the limitation period of six months applies after the introduction of the amendment. The im....
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