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BUDI HABUNG
Md. Tibul Choudhury S/o Late Tahid Choudhury – Appellant
Versus
Regional Manager, National Insurance Co. Ltd. – Respondent
JUDGMENT :
BUDI HABUNG, J.
1. Heard Mr. N.N. Upadhyaya, learned counsel for the appellant. I have also heard Mrs. R.D. Mozumdar, learned counsel appearing on behalf of the respondent No. 1.
2. By filing this appeal under section 173 (1) of the Motor Vehicle Act, the appellant is challenging the order dated 07.11.2020, passed by the Member, Motor Accident Claims Tribunal, Kamrup, Guwahati, in MAC Case No. 291/2019. By this impugned order, the petition filed by the appellant was dismissed as barred by law of limitation.
3. The brief facts of the case are that on 03.05.2019 at about 5.10 PM, while the appellant/claimant was speaking in front of the shop of Late Bhabesh Kalita, he was knocked down by the offending vehicle due to rash and negligent driving of the driver. The appellant filed MAC Case No. 291/2019 before the Motor Accident Claims Tribunal, Kamrup, Guwahati, seeking compensation of Rs. 8,00,000/- for the injuries sustained in the accident.
4. The respondents contested the case and filed written statements along with a petition seeking for dismissal of the claim petition on the ground that it is barred by limitation. However, by the impugned order dated 07.11.2020, the learned T
The amendment to section 166(3) of the Motor Vehicles Act, 1988, was not in effect at the time of the accident, allowing the claim petition to proceed.
The non-notification of amendment provisions means prior statutes govern claim timelines, allowing the claim despite a dismissal for being time-barred.
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....
The lack of notification by the Central Government regarding the enforcement of an amended provision of the MV Act influenced the court's decision and highlighted the importance of proper notificatio....
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