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SANJAY S. AGRAWAL
Mukesh Patle S/o. Shri Figeshwar Patle – Appellant
Versus
Shailendra Verma S/o. Kamtalal Verma – Respondent
ORDER :
1. Challenge to this Appeal is the award dated 19.02.2020 passed in unregistered claim case whereby, the learned Additional Motor Accident Claims Tribunal, Khairagarh (for short 'the Tribunal') has dismissed the claim holding it to be barred by time. The parties to this Appeal shall be referred hereinafter as per their description in the Tribunal.
2. The facts which are essential to be stated for adjudication of this Appeal are that on 23.04.2019 at about 7.30 pm, the Claimant was dashed vehemently by offending vehicle “Bolero” bearing registration No.CG 08 AK 2333 owned by Ritesh Kumar Vaishnav and insured by IFCO Tokiyo General Insurance Company Limited when he was returning to his village Amlidihkhurd from Khariagarh. The alleged accident occurred owing to rash and negligent driving of its driver Shailendra Verma, as a result of which, the Claimant sustained injuries leading to the filing of the claim Petition, instituted on 17.02.2020 under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Principal Act').
3. The aforesaid claim was dismiss
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....
Point of Law : New Amendment Act is yet to be enforced and under the old Act, there was no limitation for filing of claim petition- Position is that Section 166 of the Motor Vehicles Act, 1988 would ....
The Motor Vehicles Act's amendment removing filing time limits for claims indicates that genuine cases should not be dismissed on procedural delays, reflecting Parliament's intent to support accident....
Benefit of amendment of Section 166(3) of Motor Vehicles Act, 1988 whereby limitation for filing claim petition has been taken away is to be extended to cases where the dispute as to whether claim pe....
The central legal point established in the judgment is the importance of accurately understanding the enforcement of legal provisions and the impact of misconceptions on court decisions.
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....
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