MOTOR VEHICLE ACCIDENT CLAIM

Querist : Anonymous (Querist) 23 February 2011 This query is : Resolved
RESPECTED EXPERTS,
Person died in motor accident on 2002.Now one person file claim (2010)on behalf of deceased person minor child as a legal guardian not as a Next Friend.
is this case maintainable in tribunal or not???
Pliz explained with relevant provision of law.

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Guest (Expert) 23 February 2011
yes it is maintainable.

sec. 166 of MV act
1
[(2) Every application under sub - section (1) shall be made, at the
option of the claimant, either to the Claims Tribunal having jurisdiction over
the area in which the accident occurred or to the Claims Tribunal within the
local limits of whose jurisdiction the claimant resides, or carries on business or
within the local limits of whose jurisdiction the defendant resides and shall be in
such form and contain such particulars as may be prescribed :
Provided that where no claim for compensation under section 140 is
made in such application, the application shall contain a separate statement to
that effect immediately before the signature of the applicant.]
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Sub-S. (3) omitted, ibid (w.e.f. 14-11-1994). Prior to its omission, sub-S.(3) read as
under :-
“(3) No application for such compensation shall be entertained unless it is made
within six months of the occurrence of the accident:
Provided that the Claims Tribunal may entertain the application after expiry of the said
period of six months but not later than twelve months, if it is satisfied that the applicant was
prevented by sufficient cause from making the application in time.”

Querist : Anonymous (Querist) 23 February 2011
@ S.GANESAN,thank's for reply.

SIR you means there is no time bar for claims in motor vehicle accident.??

Guest (Expert) 23 February 2011
probably yes

Querist : Anonymous (Querist) 23 February 2011
THANK'S FOR REPLY SIR!!
any advice regarding my other query i.e can legal guardian of minor can claim on behalf of minor as a legal guardian not as a next friend.???