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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
SBI General Insurance Co. Ltd. – Appellant
Versus
Ali Mohd. – Respondent
| Table of Content |
|---|
| 1. applicability of limitation to claims. (Para 1 , 2 , 3) |
| 2. limitations of tribunals under the law. (Para 4 , 5 , 8 , 9) |
| 3. court's final ruling on claim petitions. (Para 10) |
JUDGMENT :
Bipin Chander Negi, J.
The cases, in the case at hand are being taken up together, as a common question arises for consideration with respect to applicability of Section 5 of the LIMITATION ACT to Section 166 (3) of the MOTOR VEHICLES ACT , 1988 (as amended by 2019 Act).
2. Section 166 of MOTOR VEHICLES ACT reads as under: -
166. Application for compensation.
(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of Section 165 may be made-
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be:
Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the b
Section 5 of the Limitation Act is not applicable to Section 166(3) of the Motor Vehicles Act, 1988; claim petitions must be filed within six months of the accident.
Section 5 of the Limitation Act does not apply to claims under Section 166(3) of the Motor Vehicles Act, as the statute expressly excludes this provision from its scope.
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....
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....
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 question of reasonable time for approaching the Tribunal for a claim of compensation depends on the facts and circumstances of each case, and mere lack of awareness of rights due to illiteracy an....
The Motor Vehicles Act mandates that its provisions be applied beneficially, allowing for the condonation of delay in claim petitions despite strict statutory timelines in the interest of delivering ....
Post-omission of limitation provisions in S.166 of the Motor Vehicles Act, claim petitions reinstated for adjudication despite prior dismissal.
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