C.R.P.No.2697 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.08.2023

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

C.R.P.No.2697 of 2023

1. Parvathi

2. Lalitha

3. Vignesh

... Petitioners

Vs.

The Manging Director,

Tamil Nadu State Transport Corporation,

Villupuram

... Respondents

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of

India to direct the MAC Tribunal / Subordinate Judge, Villupuram to take on

file unnumbered M.A.C.T.O.P.SR No.923 of 2022 filed by the petitioner and

proceed in accordance with law.

For Petitioner

: Mr.M.Santhanaraman

ORDER

The Civil Revision Petition is filed under Article 227 of the Constitution

of India to number the unnumbered claim application in MCOP Sr.No.923 of

1/9

https://www.mhc.tn.gov.in/judis

C.R.P.No.2697 of 2023

2022 on the file of the MAC Tribunal / Subordinate Judge, Villupuram and

allow the Civil Revision Petition.

2. M.C.O.P.No.Sr.No.923 of 2022 is filed by the legal heirs of the

deceased/ Marimuthu who died in the accident that had taken place on

27.10.2021 for compensation under Section 166 of Motor Vehicles Act.

However, the same is returned with an endorsement that claim of the

claimant is barred by limitation on account of the amendment to the Motor

Vehicles Act came into force by Act 32 of 2019 with effect from 01.04.2022.

Learned trial Judge has passed order based on the order passed in

C.R.P.(PD).No.4066 of 2022, in which this Court has held that claim made

beyond period of limitation as per Amendment Act 32 of 2019 is barred by

limitation.

3. Learned counsel for the petitioner/claimant submitted that in a

similar case, the High Court of Kerala has passed an order in Sathy

vs.Dileep, reported in 2022 (2) TN MAC 1 (Ker.), O.P.(MAC).No.51 of 2022

wherein direction was given to approach the Tribunal concerned to admit

M.C.O.P., and proceed with the case. Para Nos.7 to 10 of the judgment of

the Kerala High Court reads as follows:

2/9

https://www.mhc.tn.gov.in/judis

C.R.P.No.2697 of 2023

“?7. It is a matter of record that when the old Motor

Vehicles Act 1939 was substituted and repealed by Act of 1988,

the provision of limiting the right to file claim petition was six

months. The aforementioned period of six months was omitted by

way of amendment in the year 1994. Thus, the affected parties

had a right to file claim petition in a case of injury or death at any

point of time untrammeled by the objection of limitation.

Legislature in the wisdom on due deliberation have reintroduced

the O.P.(MAC) No.51/2022 6 aforementioned erstwhile

provisions of sub~section (3) of Section 166 limiting the right to

entertain the claim petition before the concerned court within a

period of six months from the date of the accident. The accident

in this case, as noticed above, had occurred on 23.5.2019. The

claim petition was filed on 23.4.2022. By that time the new

amendment had already come into force by Act 32 of 2019

effective from 1.4.2022 resulting into the impugned order. The

same reads as under :

?”This application is filed under Section 166(1) of MV Act, 1988.

The date of accident is 23.5.2019. As per Motor Vehicle

(Amendment) Act, 2019, which came into force with effect from

1.4.2022, the application to be filed within six months of the

occurrence of the accident (vide Section 166(3) of the M.V.Act,

1988). The present application filed on 23.4.2022 is barred by

limitation. In the result, this application is rejected as time

barred.?

8. It is settled law that in case there is no provision protecting the

rights of a litigant viz by causing amendment which inexplicably

3/9

https://www.mhc.tn.gov.in/judis

C.R.P.No.2697 of 2023

takes away exceptional rights, then the provisions of Section 6 of

General Clauses Act, 1897 would come into play. Similar

situation