The court ruled that the provisions of the Motor Vehicles Act prior to amendment apply to accidents occurring before the amendment, allowing FIRs to be treated as claim petitions.

ORDER

16.09.2024 Heard Mr. A.R. Agarwala, learned counsel for the petitioners.

2. This petition, under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure (C.P.C.), is directed against the order dated 13.06.2024, passed by the learned Member, Motor Accident Claims Tribunal, Kamrup (Amingaon), in MAC Case No. 35/2023.

3. It is to be noted here that vide order dated 13.06.2024, the learned Member, Motor Accident Claims Tribunal, Kamrup (Amingaon) has dismissed the condonation petition and also the claim case filed by the petitioner.

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

“On 31.10.2021, at about 5 p.m., the father of the claimant, Late Kabel Shekh @ Kabel Seikh was proceeding from Goraimari Bazar towards his residence on foot. On the way, one motor cycle bearing registration No. AS-25-S-9007 (Glamour), was coming in the same direction in a very rash and negligent manner and in a very high speed without due care and knocked down Kabel Shekh @ Kabel Seikh on his side of the road. As a result of the accident, the father of the petitioners sustained injuries over his head. On being reported the matter to the Goraimari Police Outpost, under Chhaygaon Police Station by the public, the victim was taken to the Goraimari CHC and from there he was referred to GMCH, wherein he succumbed to his injuries on the same day, during the course of treatment. Thereafter, the petitioner had filed one claim petition before the learned Member, Motor Accident Claims Tribunal, Kamrup at Amingaon along with a delay condonation petition which came to be dismissed on 13.06.2024, on account of absence of provision for condonation of delay in the new MV Act .

5. Mr. Agarwala, learned counsel for the petitioners submits that though the claim petition was filed on 10.04.2023, the occurrence of accident took place on 31.10.2021. Mr. Agarwala further submits that in view the Suo Moto WP (Civil) Case No. 3/2020 and subsequent orders, the limitation period will stop running for the period of 15.03.2020 to 28.02.2022, due to the Covid-19 pandemic. Mr. Agarwala also submits that due to some extreme hardship, poverty and mental agony, the petitioners could not file claim petition in time and as such, it is contended to allow this petition by setting aside the impugned order, which according to him is arbitrary and illegal.

6. Having heard the submission of learned counsel for the petitioners, I have carefully gone through the petition as well as the documents placed on record.

7. It appears that the accident took place on 31.10.2021, and in connection with the same, an FIR was lodged before the Goraimari Police Outpost, upon which, the Chhaygaon P.S. Case No. 1293/2021, under Sections 279/304(A) of the IPC had been registered.

8. It is to be noted here that the Motor Vehicles Act was amended in the year 2019 and the amendment came into force from 01.04.2022.

9. Now the question before this court is which provision of the MV Act will be applicable in this case, whether the amendment act or the old act. This issue was dealt with by High Court of Kerala in OP (MAC) No. 51/2022 (Sathi & 3 Others vs. Dileep and 2 Others) wherein the accident took place on 23.05.2019. The High Court of Kerala has dealt with the issue in paragraph Nos. 9 & 10, of the said judgment which are extracted herein below :-

“9. Section 6 of the General Clauses Act, 1897 postulates the situation of a similar nature where by protecting right, privilege, obligation or liability acquired or accrued under any repealed enactment. It is settled law that the provisions of the new Act cannot infringe or relegate the right granted under the old Act. Section 6 of General Clauses Act reads thus:

"6. Effect of repeal. Where this Act, or any (Central Act) or Regulation made after the commencement of this Act, repeals any enactment hitherto male or hereafter to be mode, then, unless a different intention appears, the repeal