MUKESH PATLE Vs. SHAILENDRA VERMA

JUDGEMENT

(1.) Challenge to this Appeal is the award dated 19.02.2020 passed in unregistered claim case whereby, the learned Additional Motor Accident Claims Tribunal, Khairagarh (for short 'the Tribunal') has dismissed the claim holding it to be barred by time. The parties to this Appeal shall be referred hereinafter as per their description in the Tribunal.

(2.) The facts which are essential to be stated for adjudication of this Appeal are that on 23.04.2019 at about 7.30 pm, the Claimant was dashed vehemently by offending vehicle "Bolero" bearing registration No.CG 08 AK 2333 owned by Ritesh Kumar Vaishnav and insured by IFCO Tokiyo General Insurance Company Limited when he was returning to his village Amlidihkhurd from Khariagarh. The alleged accident occurred owing to rash and negligent driving of its driver Shailendra Verma, as a result of which, the Claimant sustained injuries leading to the filing of the claim Petition, instituted on 17.02.2020 under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Principal Act').

(3.) The aforesaid claim was dismissed by the Tribunal holding it to be barred by time as it was instituted beyond the prescribed period of six months from the date of occurrence of the accident as provided under subsection (3) of Section 166 of the Principal Act, which was inserted by virtue of Section 53 of the Motor Vehicles (Amendment) Act, 2019 (hereinafter referred to as 'the Amendment Act').