Sweet & Soft Motor Accident Claims and Assessment of Compensation by Justice Sen Edition 2023

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Sweet & Soft Motor Accident Claims and Assessment of Compensation by Justice Sen Edition 2023

Sweet & Soft Motor Accident Claims and Assessment of Compensation by Justice Sen Edition 2023

Seven original petitions ie., OP MAC No.6, 8, 11, 12, 13, 15 and 17 of 2023
preferred against identical order dismissing the claim petition to be barred by
limitation, involving common question of fact and law are being disposed off by
common judgment. The main case is taken as O.P (MAC) No.6 of 2023.
2. O.P (MAC) No.6 of 2023 has been preferred against the order dated 30.11.2022
of the MACT, North Paravur dismissing the claim petition filed under Section 166 of
the amended Motor Vehicles Act being barred by the limitation.
3. Petitioner, Akshay Raj, aged 26 years preferred a claim petition before the
learned MACT on the ground that on 26.5.2022 while driving a motor vehicle bearing
registration No.KL-P-42P 7106 at about 8.40 a.m had met with an accident and
suffered injuries, resulting into registration of FIR 590 of 2022. Learned MACT vide
impugned order, dated 30.11.2022 rejected the claim application/petition simply on
the ground that the claim petition was filed beyond the period of six months ie., on
28.11.2022 as the limitation expired on 25.11.2022. and thus there was a delay of
almost three days. It is contended that the manner and the mode in which the order
has been passed is wholly alien to settled principles as the learned MACT was
required to frame the issues, for the question of limitation is a mixed question of fact
and law.
4. Section 166(3) does not exclude the applicability of the limitation Act 1963 and
therefore the provisions of Section 29(2) of the limitation Act 1963 would squarely be
applicable for the reason that on perusal of provisions of sub Section 4 of Section 166,
it is evident that even in the absence of claim preferred by a claimant, the Claims
Tribunal shall treat any report of accidents by police/investigation officer forwarded to
it under section 159 as an application for compensation under this Act. Section 159
enjoins an obligation upon the police officer during the investigation to prepare an
Accident Information Report for facilitating the settlement of claim in such formal
manner within three (3) months containing such particular and submit to the claim
Tribunal or any other agency as prescribed.
5. Learned MACT ignored to refer to the provisions of Rule 150(A) of the Central
Motor Vehicles Rules, 1989 prescribing the procedure for holding investigation of road
accidents arising out of the use of motor vehicles, to be in accordance with the
Annexure-XIII. The manner of submission of form, including electronic submission on
such Portal has been specified. As per Annexure-XIII sub Rule 12, investigation officer
can furnish a copy of the detailed accident report within a period of ninety (90) days
of the accident and in case it is not filed within the period prescribed for the reasons