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2022 Supreme(Online)(MAD) 40679

HIGH COURT OF MADRAS
HON`BLE Mr. JUSTICE S.M.SUBRAMANIAM
Santhi – Appellant
Versus
Suresh – Respondent


ORDER

The revision petition is filed against the un-numbered claim application filed in M.C.O.P. SR.No.3629 of 2022, on the file of the Motor Accident Claims Tribunal, District Court Vellore.

2. The grievance of the revision petitioner is that the accident occurred on 15.01.2019 at Thiruvalam to Katpadi Road and the Katpadi Police Station registered a case under Sections 279 and 337 of I.P.C. in Crime No.55 of 2019. The revision petitioner submitted a claim application on 13 April 2022. The said application was returned by the Motor Accident Claims Tribunal on the ground that as per the Amendments notified to the Motor Accident claims with effect from 01.04.2022 “No application for compensation shall be entertained unless it is made within six month of the occurrence of the accident” . The Motor Accident Claims Tribunal, relying on the amendment to Section 166(3) of the Motor Vehicles Act, returned the application merely on the ground that the application was presented by the victim on 13 April 2022.

3. The question arises, whether the date of accident is to be taken into consideration for the purpose of implementing the amended Section 166(3) or the date of presentation of the applic

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