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AJIT KUMAR
Mangal Batra – Appellant
Versus
Mohammad Rafeeq Visayati – Respondent
JUDGMENT :
AJIT KUMAR, J.
1. Heard Sri Manish Tandon, learned counsel for the petitioner, Sri Rahul Sahai, learned counsel for the respondent Nos. 3 & 5.
2. By means of this writ petition filed under Article 226 of the Constitution, petitioner has challenged the order dated 18th April, 2022 of the Motor Accident Claims Tribunal, whereby the claim petition of the petitioner has been returned on the ground that it came to be filed beyond the prescribed period of limitation i.e. six months from the date of accident and hence as per Section 166 (3) of the Motor Vehicles Act, 1988 as amended vide Act No. 32 of 2019 and made effective from 1st April, 2022, the claim petition was held not maintainable.
3. The argument advanced by learned counsel for the petitioner is two fold:
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....
Point of Law : New Amendment Act is yet to be enforced and under the old Act, there was no limitation for filing of claim petition- Position is that Section 166 of the Motor Vehicles Act, 1988 would ....
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....
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....
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