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VIKAS BAHL
Shriram General Insurance Company Limited – Appellant
Versus
Jasmeen – Respondent
JUDGMENT :
Vikas Bahl, J.
Present revision petition has been filed Article 227 of the Constitution of India for setting aside order dated 07.02.2024(Annexure P-8) whereby the application filed by the petitioner for dismissing the claim petition on the ground of limitation has been dismissed by the Motor Accident Claims tribunal.
2. Brief facts of the case are that respondent No.1 had filed a claimed petition Under Section 166 of the Motor Vehicle Act (hereinafter referred to as “the MV Act”) claiming compensation on account of injuries sustained in a motor vehicle accidental that took place on 20.07.2020 at about 4:00 PM. The Insurance Company had filed an application dated 03.01.2024 (Annexure P-6) for dismissing the claim petition by holding the same to be not maintainable placing reliance upon Section 166(3) of the MV Act, which dated 03.01.2024, had come into effect on 1st April by virtue of the centre Government notification passed on 25.02.2022. A reply was filed to said application and it was stated that respondent No.1 herein was a minor at the time of accident and she had attained the age of majority on 06.03.2023 and had filed the claim petition on 25.04.2023, which was done
A minor can file a claim petition for compensation after attaining majority, and the limitation period begins only then, making the claim not time-barred.
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 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 non-notification of amendment provisions means prior statutes govern claim timelines, allowing the claim despite a dismissal for being time-barred.
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....
Claim for compensation must be filed within a reasonable time; deletion of limitation provisions does not extend the time indefinitely.
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