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AMIT RAWAL
Biju Mathew, S/o. Chacko Mathew – Appellant
Versus
Suraj Mon. K. Shaji, S/o. Shaji K S – Respondent
JUDGMENT :
Inter alia alleges that the objection qua limitation is a mixed question of fact and law. The claim petition in respect of an accident occurred on 10.12.2021 could not have been rejected summarily by taking the aid of amendment caused in Section 166(3) of the Motor Vehicles Act, 1988 substituted by Act 32 of 2019 made effective from 1.4.2022 as the said amendment would have a prospective effect. Otherwise with the stroke of the amendment the right available to the injured and the claimants of the deceased person would be taken away.
2. Prior to the amendment caused in the Motor Vehicles Act, the provisions dealing with no fault liability and entertainment of claim petitions under Section 92A and Section 110A of 1939 Act, was in existence. The aforementioned Act has been amended by Motor Vehicles Act in 1988 and the claim petition was to be filed within a period of six months. Prior to aforementioned amendment in 1994, no limitation to file claim petitions in respect of the accident occurred at any point of time. Legislature in its wisdom introduced the Act of 32 of 2019 effective from 1.4.2022 by bringing back the old provisions of 166(3) restricting the entertainment of t
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 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....
The non-notification of amendment provisions means prior statutes govern claim timelines, allowing the claim despite a dismissal for being time-barred.
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....
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