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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Girikanta Mahanta S/O- Hemkanta Mahanta – Respondent
| Table of Content |
|---|
| 1. claims challenging various motor accident tribunal orders. (Para 2 , 3) |
| 2. determining the authority on claim applications. (Para 5) |
| 3. changes to motor accident claim procedures. (Para 6) |
| 4. details on statutory obligations of parties involved. (Para 7 , 8 , 9 , 10 , 11 , 12 , 19 , 20 , 24) |
| 5. strict adherence to claim application timelines. (Para 34 , 69) |
| 6. transformation of motor accident claim procedures. (Para 78) |
| 7. conclusion and directive to revising rules. (Para 80 , 82 , 84) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard the learned counsels appearing on behalf of the petitioners as well as the learned counsels for the respondents in the present batch of applications. This Court has also heard Mr. D. Nath, the learned Senior Government Advocate who represents the Transport Department and the Home Department, of the Government of Assam and Mr. R. Borpujari, the learned counsel who was requested to assist this Court.
PREFACE
2. The present batch of Applications filed under Article 227 of the Constitution challenge the various orders passed by the learned Motor Accident Claims Tribunals (for short, ‘the learned Tribunals’) constituted under Section 165 of the Motor Vehicles
The Claims Tribunal cannot entertain claims filed more than six months after an accident, as dictated by Section 166(3) of the Motor Vehicles Act, ensuring strict procedural compliance.
(1) Motor accident – After lodging FIR and on receipt of information by insurance company, it would be duty of company to appoint a Nodal Officer and furnish intimation to State police, who shall coo....
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....
Point of Law : Benefit under Act, cannot be taken away on a technical aspect that too of limitation, thus, the Trial Court having applied Section 5 of Limitation Act to the fact situation, Court do n....
The Motor Accidents Claims Tribunal lacks the power to review its orders, and the vehicle involved in the accident was deemed fit under applicable rules.
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....
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