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IN THE HIGH COURT OF ALLAHABAD
Pankaj Bhatia, J.
Smt. Jyoti and Another – Petitioners
Versus
Motor Accident Claims Tribunal/Presiding Officer and Another – Respondents
WRIT - C No. - 8262 of 2023
Decided On : 24-03-2023
Motor Vehicles Act - Limitation - Section 166, Section 159, Rule 150, Rule 204A - The court interpreted the provisions of section 166 in a narrow manner, emphasizing the need for a liberal and purposive interpretation of the Act. It highlighted the duty of the Police Officer to send accident information to the Claims Tribunal and the obligation of the Tribunal to accept the report as a claim application. The court set aside the order and directed the Tribunal to process and decide the claim in accordance with the law, emphasizing the importance of considering the mandate of Section 159 and Section 166(4) before rejecting any claim application under section 166(3) on grounds of limitation.
Fact of the Case:
The petitioner filed a claim petition under section 166 of the Motor Vehicles Act for compensation due to a motor accident. The petition was dismissed as being beyond the limitation prescribed under section 166(3) of the Act.
Finding of the Court:
The court found that the Act should be interpreted liberally and purposively, emphasizing the duty of the Police Officer to send accident information to the Claims Tribunal and the obligation of the Tribunal to accept the report as a claim application. It set aside the order and directed the Tribunal to process and decide the claim in accordance with the law.
Issues: Interpretation of the provisions of section 166 of the Motor Vehicles Act, consideration of limitation under section 166(3), and the duty of the Police Officer and the Claims Tribunal in processing claim applications.
Ratio Decidendi: The court emphasized the need for a liberal and purposive interpretation of the Act, highlighting the duty of the Police Officer to send accident information to the Claims Tribunal and the obligation of the Tribunal to accept the report as a claim application. It set aside the order and directed the Tribunal to process and decide the claim in accordance with the law, emphasizing the importance of considering the mandate of Section 159 and Section 166(4) before rejecting any claim application under section 166(3) on grounds of limitation.
Final Decision: The writ petition was allowed, and the order dated 27.01.2023 was set aside. The Registrar General was directed to forward a copy of the judgment to all the Claims Tribunal functioning in the State of U.P.
JUDGMENT :
1. Heard Sri Ram Singh the counsel for the petitioner.
2. The present petition has been filed by the petitioner challenging the order dated 27.01.2023 whereby the claim petition filed by the petitioner under section 166 of the Motor Vehicles Act, 1988 has been dismissed as being beyond the limitation prescribed under section 166 (3) of the Motor Vehicles Act, 1988 as amended with effect from 01.04.2022.
3. The facts, in brief, are that the legal heirs of Late Chetan Kumar filed a petition under section 166 of the Motor Vehicles Act claiming compensation on account of the death of Late Chetan Kumar in a motor accident on 01.05.2022. The said claim petition was filed on 27.01.2023. As the same was beyond the limitation of six months prescribed under section 166 (3) of the Act, the same was dismissed by means of the impugned order.
4. The submission of the counsel for the petitioner is that there was a delay of about fifty seven days' and the Act being a beneficial piece of legislation should be interpreted liberally and the delay should be condoned. He relies upon a judgment of the Hon'ble Supreme Court in the case of National Insurance Co. Ltd. vs. Swaran Singh; (2004) 3 SCC 297.
5. To analyze the submission made at the bar, the scheme of claiming compensation as prescribed under the Motor Vehicles Act (herein after referred to as MV Act) is to be read as a whole. The relevant chapters for the case in hand are chapter XI and Chapter XII of the Act and Sections 159 and Section 166 and the Rules framed by the Central Government and the State Government.
6. It is relevant to note the provisions as contained in Section 166 of the Act, which is as under :
(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 authorized 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 benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.
[Provided further that where a person accepts compensation under section 164 in accordance with the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.]
(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed:)
(3) No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.
(4) The Claims Tribunal shall treat any report of accidents forwarded to it under section 159 as an application for compensation under this Act.
(5) Notwithstanding anything in this Act or any other law for the time being in force, the right of a person to claim compensation for injury in an accident shall, upon the death of the person injured, survive to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with the injury or not."
7. In terms of the provision of Section 166 (3) of the Act, it is clear that the legislature in its wisdom prescribed that the Motor Accidents Claims Tribunal shall not entertain any application for grant of compensat
The Act should be interpreted liberally and purposively, emphasizing the duty of the Police Officer to send accident information to the Claims Tribunal and the obligation of the Tribunal to accept th....
The police report filed under Section 159 should be treated as an application for compensation under Section 166(4) of the Motor Vehicles Act.
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 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 ....
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....
Post-omission of limitation provisions in S.166 of the Motor Vehicles Act, claim petitions reinstated for adjudication despite prior dismissal.
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.
Claims under the Motor Vehicles Act must be filed within a reasonable time; unreasonable delays can lead to claims being deemed stale.
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