C.R.P.(P.D).No.4066 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2022

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM

C.R.P.(P.D) No. 4066 of 2022

1.Santhi

2.Archana

3.Arun

...Petitioners

Vs.

1.Suresh

2.N.Mohanraj

...Respondents

Prayer:- Civil Revision Petition is filed under Article 227 of the

Constitution of India, to number the unnumbered claim application in MCOP

Sr.No.3659 of 2022 on the file of the Motor Accident Claims Tribunal, Vellore

and allow the Civil Revision Petition.

For Petitioner

: Mr.P.Manish for

Mr.D.Suresh

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C.R.P.(P.D).No.4066 of 2022

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.

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C.R.P.(P.D).No.4066 of 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 application is to be taken into

consideration for implementing the amended Section 166(3).

4. The amendment to Section 166(3) contemplates “No application

for compensation shall be entertained unless it is made within six months of

the occurrence of the accident.” Such an amendment cannot have any

retrospective effect so as to deprive the claimant who met with an accident

prior to the amendment. Though, the amendment did not speak about the date

of the accident, the object of the amendment is to ensure and prevent frivolous

applications, if any filed, for seeking compensation. The amendment stipulates

that no application for compensation shall be entertained beyond the period of

six months of the date of the accident and in the present case, on the date of the

accident, the amendment was not in force and the amendment implemented

with effect from 01.04.2022, is to be given effect to, with reference to the

accidents took place after 01.04.2022 and not prior to the amendment. Though

the application in the present case is submitted on 13.04.2022, in such cases the

period of six months contemplated in the amendment is to be reckoned from

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C.R.P.(P.D).No.4066 of 2022

the date of the amendment and not from the date of the accident. More

specifically, in the cases of accidents occurred prior to the amendment on

01.04.2022, the date of amendment i.e. 01.04.2022 is to be taken into

consideration for reckoning the period of six months as per the amendment.

Thus, if the accident occurred prior to 01.04.2022, the applications have to be

entertained, up to the expiry of the six months from the date of the amendment

on 01.04.2022. In respect of the accidents occurred after 01.04.2022,

automatically the amended provision under Section 166(3) is to be applied and

the period of six months contemplated is to be scrupulously followed.

5. In the present case, the accident occurred in the year 2019 and the

application was pre