9911796707
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Issues:
- Condonation of delay in filing a claim petition under the Motor Vehicles Act, 1988. - Interpretation of sub-section (3) of Section 166 of the Motor Vehicles Act, 1988. - Effect of the omission of sub-section (3) of Section 166 of the Act by the Motor Vehicles (Amendment) Act, 1994. - Impact of the amendment on pending claim petitions. - Scope of the benefit of the deletion of sub-section (3) of Section 166 in cases of delayed claim petitions. The judgment addresses the issue of condonation of delay in filing a claim petition under the Motor Vehicles Act, 1988. The appellant, a victim of a road accident, filed a claim petition with an application for condonation of a four-day delay before the Additional Motor Accident Claims Tribunal. The Tribunal condoned the delay, but the respondent challenged this decision in the High Court. The High Court set aside the Tribunal's order, citing Section 166(3) of the Act, which required claims to be filed within six months of the accident. The High Court emphasized the fixed period for filing claims to prevent prolonged liability on vehicle owners and drivers. It contrasted this provision with the Motor Vehicles Act, 1939, which allowed the Tribunal to entertain claims even after six months if sufficient cause was shown. The judgment delves into the interpretation of sub-section (3) of Section 166 of the Motor Vehicles Act, 1988, and its comparison with the corresponding provision in the Motor Vehicles Act, 1939. It highlights the change brought by the new Act, which limited the timeframe for filing claims to six months, with a discretionary extension up to twelve months for sufficient cause. The High Court's decision was based on this statutory limitation, emphasizing the strict adherence to the prescribed time limits for filing claims. The judgment discusses the effect of the omission of sub-section (3) of Section 166 by the Motor Vehicles (Amendment) Act, 1994. It notes that the amendment, effective from 14.11.1994, removed the limitation period for filing claims, aiming to prevent injustice to accident victims and their families. The judgment underscores Parliament's intent to protect claimants by allowing claims without time restrictions post-amendment, highlighting the harshness of the previous limitation provisions. Furthermore, the judgment analyzes the impact of the amendment on pending claim petitions. It clarifies that the deletion of sub-section (3) should be applied retrospectively, enabling claimants to file petitions irrespective of the accident date. The judgment emphasizes the need to protect the interests of accident victims and their heirs, especially in cases of delayed claims due to lack of awareness or other reasons. Lastly, the judgment addresses the scope of the benefit of the deletion of sub-section (3) in cases of delayed claim petitions. It distinguishes between final judicial orders rejecting delayed claims and pending disputes on the timeliness of claim filings. The judgment emphasizes that the benefit of the amendment should extend to cases where the question of delay in filing claims is under consideration by the Tribunal or higher courts. In conclusion, the Supreme Court allowed the appeal, setting aside the High Court's order and directing the Tribunal to entertain the claim petition filed by the appellant promptly. The judgment underscores the importance of protecting claimants' rights and ensuring fair access to compensation, especially in cases of delayed claim filings.
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