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2021 Supreme(Chh) 318

DEEPAK KUMAR TIWARI
Saroj Kumar Vaishnav S/o Shri Himanchal Das Vaishnav – Appellant
Versus
Santosh Kumar Nat S/o Shri R. K. Nat – Respondent


Advocate Appeared:
For the Appellant :Shri Manoj Kumar Sinha, Advocate.
For the Respondent:Shri J.K. Gupta, Advocate, Shri Sudhir Agrawal with Shri P. Dutta, Advocates.

ORDER :

1. This Appeal has been preferred against the impugned order dated 13.12.2019 passed by the Motor Accident Claims Tribunal, Ambikapur in claim case No.233/2019 whereby the claim petition has been dismissed on the ground that it has been filed after 6 months whereas the new Motor Vehicle (Amendment) Act, 2019 has been made effective from 1st September, 2019.

2. It is not disputed that the incident took place on 2.6.2018 and the claim petition was filed on 10th December, 2019 and apparently, it was filed beyond 6 months.

3. The seminal question arising for deciding this Appeal is whether the provisions contained under the proposed Section 166 (3) of the Motor Vehicles Act, which was published in the Gazette of India on 28th August, 2019, would be applicable in the present time or not.

4. Heard learned counsel for the parties and perused the impugned order.

5. The Motor Vehicles (Amendment) Act, 2019 was published in the Gazette of India on 9th August, 2019. Section 1 of the said Act speaks about the Motor Vehicles (Amendment) Act, 2019. Section (2) of the said Act is relevant which reads as under:-

    “(2). It shall come into force on such date as the Central Government may, by notifi

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