The court established that claims for compensation in motor accident cases can be initiated based on police reports, negating the limitation period if an FIR is registered, ensuring timely justice for victims.

ORDER

Heard Mr. P.P.Alwin Balan, Learned Counsel for the Petitioners and perused the materials placed on record, apart from the pleadings of the parties.

2. Having regard to the nature of order proposed to be passed in the Civil Revision Petition, which would not cause any prejudice to the First to Third Respondents, notice to them is dispensed with.

3. The Petitioners had on 18.10.2023 filed a petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short), before the Motor Accident Claims Tribunal/Principal District Court, Tirunelveli (hereinafter referred to as 'the Tribunal' for short) claiming compensation for the death of their son, viz., Immanvel Koil Raj, in an accident involving a motor vehicle that had taken place on 30.10.2017 at about 5.30 p.m. near Vinayagar Koil at Chinnavalarpuram on the Perambakkam – Poonthamallee National Highway.

4. The Tribunal returned the claim petition on 01.09.2023 noticing that the accident had taken place on 30.10.2017, and the claim petition has not been filed in time and the reasons for delay has not been stated. It is borne out from the record that the Petitioner had re-presented the returned papers on 11.09.2023 stating that the limitation is not applicable to any accident which has occurred before 01.04.2022. The Tribunal again returned the papers on 15.09.2023 and 31.10.2023 reiterating that the objections relating to limitation still remains good, which is impugned in this Civil Revision Petition filed under Article 227 of the Constitution.

5. It is, no doubt, true that prior to 01.04.2022, there was no limitation for filing claims seeking compensation for injury or death arising out of the use of the motor vehicle. Clause (3) of Section 166 of the Act, which was introduced by the Motor Vehicles (Amendment) Act, 2019, provides that a claim for such compensation must be filed before the Tribunal within six months from the date of accident.

6. It is brought to notice that the Constitutional Validity of the said amendment has been challenged before the Hon'ble Supreme Court of India in Bhagirathi Dash -vs- Union of India in W.P. (Civil) No. 166 of 2024 in which notice has been ordered on 01.04.2024 to the Respondent therein.

7. That apart, it is highlighted that in a Revision of this Court in Malaravan -vs- Praveen Travels Pvt. Ltd. , [(2023) 5 CTC 47], where the accident had taken place after the amendment came into force on 01.04.2022, this Court has read down the amendment introduced to the Act as extracted below:-

“Shift from right to duty

19. The Parliament taking note of such a rapid development in Information Technology introduced Section 166(3) and 166(4) of the Motor Vehicles Act. These Sections have to be read along with Rule 150A read with Annexure XIII of Central Motor Vehicles Rules with Forms I to IX. If they are read so, then it is no more the right of an accident victim to file a claim petition under but it has bloomed into a full-fledged duty on the part of the police. The police on investigation have to file an FAR (First Accident Report), IAR (Interim Accident Report) and DAR (Detailed Accident Report). As per Rule 18 of Annexure XIII, it has been mandatory on the Claims Tribunal to kick start the compensatory mechanism. Rule 21 of the Central Rules ensures that the DAR filed by the police shall be treated as a Claim Petition.

20. Taking note of all these developments, the Supreme Court rendered a judgment in Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation and others in S.L.P.(C).No.32448 of 2018. A reading of this judgment goes to show that the Police are no more playing a mere role of an Investigating Authority and stopping with mere parting of informa