The Motor Vehicles (Amendment) Act, 2019 does not apply retroactively, allowing claims for accidents prior to 01.04.2022 to proceed under previous provisions without limitations.

ORDER

Challenge is laid against the Order dated 06.05.2024 (Annexure-3) passed in M.A.C. Case No.02 of 2022, wherein question of maintainability of the application of the present opposite party No.1, namely, Subash Pradhan, for compensation filed under Section 166 of the Motor Vehicles Act, 1988 being raised, the same has been rejected by the learned Additional District Judge-cum-9th Motor Accident Claims Tribunal, Khallikote, Ganjam. The petitioner-Shriram General Insurance Company Ltd., has approached this Court by way of this writ petition invoking extraordinary jurisdiction under Articles 226 & 227 of the Constitution of India with the following prayer(s):

“Under the facts and circumstances as narrated above, this Hon’ble Court may graciously be pleased to issue notice to the opposite parties and after hearing the parties be pleased to quash the order dated 06.05.2024 passed by the learned 9th MACT-cum-Additional District Judge, Khallikote under Annexure-3 and allow the petition filed by the petitioner-Insurance Company under Annexure-2 and pass any other order/orders, as may be deemed fit and proper in the interest of justice.

And for this act of kindness, the petitioner shall as in duty bound ever pray.”

Facts as narrated in the writ petition:

2. The claim case, i.e., M.A.C. Case No.02 of 2022 has been filed on 29.11.2022 under Section 166 of the Motor Vehicle Act, 1988 (“MV Act” for short) before the Court of learned Additional District Judge-cum-9th Motor Accident Claim Tribunal, Khallikote, Ganjam (“MACT”, for convenience) by the present opposite party No.1, namely, Subash Pradhan for grant of compensation to tune of Rs.20,00,000/- on account of injury sustained in a road accident caused by a Truck (Goods Carrier) bearing Registration No.OR-07U-8708 on 19.11.2021 at 6.00 P.M. near village Haridamula under Khallikote Police Station.

2.1. The opposite party No.2-the owner of the said vehicle was impleaded as respondent No.1 and the present petitioner-Shriram General Insurance Company Ltd. as respondent No.2, before the learned MACT. The claim application has been contested by the respondent No.2-present petitioner raising issue of maintainability with prayer to dismiss the said claim petition/application on the ground that accident being occurred on 19.11.2021 and the opposite party No.1 having filed claim case, i.e., M.A.C. No.02 of 2022, on 29.11.2022, which is after the period of six months of occurrence. The delay in filing could not be condoned in view of the Motor Vehicles (Amendment) Act, 2019. The petition raising maintainability at the behest of Shriram General Insurance Company Ltd. has been dismissed vide order dated 06.05.2024 by the learned MACT with the following order:

“The case record is posted today for hearing of the petition filed by the respondent No.2 in which the respondent No.2 has challenged the maintainability of the petition on the ground of limitation. Counsels for both the parties are present. Copy served. Heard. Perused the case record.

During course of the hearing of the petition, the learned counsel for the respondent No.2 submitted that the alleged accident took place on dated 19.11.2021 whereas the petitioner has filed the claim petition on dated 29.11.2022, i.e., after lapse of 354 days. He also submitted that the provisions of Section 166 (3) of the M.V. Act clearly speaks that the claim petition has to be filed within a span of 06 months from the alleged accident and accordingly the present claim petition is having no merit and is not maintainable in the eye of law on the ground of limitation.

On the other hand learned counsel for the petitioner has submitted that in view of the amendment the M.V. Act, the claim application in respect of the accident which arises/occurs after the date of the amendment has to be filed within the period of limitation, i.e., six months, but in the present case the accident took place on dated 19.11.2021, i.e., much prior to the amendment and such amendment is n