SANTHI Vs. SURESH

JUDGEMENT

(1.) The revision petition is filed against the un-numbered claim application filed in M.C.O.P. SR.No.3629 of 2022, on the file of the Motor Accident Claims Tribunal, District Court Vellore.

(2.) The grievance of the revision petitioner is that the accident occurred on 15/1/2019 at Thiruvalam to Katpadi Road and the Katpadi Police Station registered a case under Ss. 279 and 337 of I.P.C. in Crime No.55 of 2019. The revision petitioner submitted a claim application on 13/4/2022. The said application was returned by the Motor Accident Claims Tribunal on the ground that as per the Amendments notified to the Motor Accident claims with effect from 1/4/2022 "No application for compensation shall be entertained unless it is made within six month of the occurrence of the accident". The Motor Accident Claims Tribunal, relying on the amendment to Sec. 166(3) of the Motor Vehicles Act, returned the application merely on the ground that the application was presented by the victim on 13/4/2022.

(3.) The question arises, whether the date of accident is to be taken into consideration for the purpose of implementing the amended Sec. 166(3) or the date of presentation of the application is to be taken into consideration for implementing the amended Sec. 166(3).