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AMIT RAWAL
Vijayan, S/o Sivaraman – Appellant
Versus
Manoj. K. , S/o Anandan B. K. – Respondent
JUDGMENT :
Ext.P2 order dated 08.11.2022 of the MACT, Wayanad dismissing the two unnumbered claim petitions preferred for claiming compensation in respect of an accident occurred on 12.04.2022, being barred by the limitation, is under challenge in this original petition. It is contended that in the accident aforementioned, three passengers travelling in the car bearing registration No.KL-76-9140 died except a minor child and guardian, the petitioners herein. Petitions were filed under Section 164 of the Motor Vehicles Act, 1988 and not under Section 166. Provisions of Section 166(3) Act for determining the limitation ought not come into play, otherwise also, the provisions of the limitation cannot be taken away in view of the provisions of Section 29(2) of the Limitation Act.
2. Issue notice before admission. Learned counsel for the respondents accepts notice.
3. I have heard learned counsel for the parties and appraised the paper book.
4. It would be appropriate to reproduce Section 164 and sub section 3 of Section 166 of the Motor Vehicles Act, 1988.
(1) Notwithstanding anything contained in this Act or in any other l
Section 164 is Payment of compensation in case of death or grievous hurt, etc.
Claimants are entitled to compensation under Section 164 of the Motor Vehicles Act, 1988, irrespective of negligence, with a fixed amount of Rs.5,00,000/- for death in a road accident.
Statutory limits on compensation for grievous hurt in motor vehicle accidents cannot be bypassed by a tribunal under the guise of the law being benevolent. Tribunals are bound by specific legislative....
The entitlement of legal representatives, including non-dependents, to claim compensation under Section 166 of the Motor Vehicles Act, 1988.
When a tribunal misapplies repealed or non-existent legal provisions, it must rectify the error and adjudicate the claim under the correct statutory framework to ensure the grant of just compensation....
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