Limitation in MACT Claims..
Manish Kumar Gupta
(Querist) 04 April 2009
This query is : Resolved
Dear All...
Please suggest if there is any limitation for filing a Motor Accident Compentation Claim under Motor Vehicles Act before MACT.
As per my understanding it is only 3 years from the date of accident. Am i Correct??
Manish..
Srinivas.B.S.S.T
(Expert) 04 April 2009
No limitation prescribed for filing claim petitions before Tribunal in respect of any accident w.e.f 14-11-1994.
Any claim filed after said date, Tribunal bound to entertain same without taking note of date on which accident took place
New India Assurance Co. Ltd Vs C. Padma
2003 (7) SCC 713
Regards
Srinivas BSST
adv. rajeev ( rajoo )
(Expert) 04 April 2009
First it was 2 years from the date of accident, but now there is no limitation to file case claiming compensation in MACT
n.k.sarin
(Expert) 04 April 2009
I agree with the reply given by Mr.Sinivas.
Hiralal Das
(Expert) 04 April 2009
I agree with my Ld. Friends/members
Prakash Yedhula
(Expert) 05 April 2009
Judgment reported in 2007 (7) SCC 713:
CASE NO.:
Appeal (civil) 5764 of 1997
PETITIONER:
The New India Assurance Co. Ltd.
RESPONDENT:
C. Padma & Anr.
DATE OF JUDGMENT: 12/09/2003
BENCH:
S.N. VARIAVA & H.K. SEMA.
JUDGMENT:
SEMA,J
This appeal is directed against the judgment and order dated 5.12.1996 passed by the High Court.
Briefly stated the facts leading to the filing of the present appeal arise out of the following circumstances. In a motor accident, which took place on 18.2.1989, the respondents sustained bodily injuries. The claim petition was filed on 2.11.1995, claiming compensation of Rs.one lakh. The Claims Tribunal rejected the plea of limitation raised by the appellant herein and awarded compensation of Rs. 45,000/-. The Revision Petition, filed by the appellant, was also dismissed by the High Court on 5.12.1996.
We have heard Mr. Sunil Kapoor, learned counsel for the appellant. Respondent Nos. 1 and 2 were put to notice. The Office Report dated 24.7.2003 disclosed that the notice was served on respondent No.1 on 14th October, 1997 by affixing notice on the door of the house of respondent No.1. A certificate of the High Court dated 24th October, 1997 indicates that respondent No.2 had refused to accept the notice and the same was affixed on the door of her given address. The respondents are, therefore, not represented before us.
The only contention, which has been strenuously urged by the counsel for the appellant, is that the accident had taken place on 18.2.1989 and the claim petition was filed on 2.11.1995; when the claim was barred under the old Act, the same could not have been revived under the new Act. It is his contention that on this score alone the claim petition should have been dismissed. To answer this contention it would be useful to have a quick survey of changes that have taken place in the Act. The old Act of 1939 has been repealed and since then there is a sea of changes in the Act. In the old Motor Vehicles Act, 1939(hereinafter referred to as 'the Act') sub-section (3) of Section 110-A provided:
"110-A. (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 the expiry of the said period of six months if it is satisfied that the applicant was prevented by sufficient cause from making the application in time."
The 1939 Act was repealed w.e.f 1.7.1989. The period of limitation prescribed in the new Act is provided under sub-section (3) of Section 166.
It reads:-
"166.(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 the 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."
The only difference that has been brought about in between the old Act and the new Act is that the Tribunal may entertain an application after the expiry of period of six months but not later than twelve months. In the instant case, at the time, when the respondents had filed claim petition on 2.11.1995, the situation was completely different. Sub-section (3) of Section 166 of the Act had been omitted by Act 53 of 1994 w.e.f. 14.11.1994. The result of the Act 53 of the Motor Vehicles (Amendment) Act, 1994 is that there is no limitation prescribed for filing claim petitions before the Tribunal in respect of any accident w.e.f. 14.11.1994.
It is noticed that the High Court while dismissing the Revision Petition filed by the appellant had followed the decision rendered by this Court in Dhannalal vs. D.P.Vijayvargiya, (1996) 4 SCC 652. The fact
Guest
(Expert) 05 April 2009
I agree with my Ld. Friends.
Ashey
(Expert) 06 April 2009
Thanks for posing the judgment Mr. Prakash
MANISH
(Expert) 07 April 2009
Dear Manish,
Mr. Srinivas is right.
Earlier it was for two years, but the same has been repealed now.
And currently there is no limitation in filing claim before MACT.
But it is advisable to file the claim as soon as possible on humanitarian grounds.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 10 April 2009
