ANTONY SAHAYA SUNDAR Vs. K. VIJAYAN

JUDGEMENT

(1.) The above revision petition has been filed challenging an order passed by the Motor Accident Claims Tribunal, Nagercoil returning a claim petition on the ground that it is time barred in view of the Motor Vehicles ( Amendment Act) 2019.

(2.) The revision petitioner is the claimant and he had filed the said claim petition before the Motor Accident Claims Tribunal, Nagercoil under Sec. 166/140 of Motor Vehicle Act 1988 claiming compensation for the injuries sustained by him in a motor accident that took place on 11/12/2020. The said claim petition has been presented before the Tribunal on 20/12/2022. As per endorsement, the Claims Tribunal had returned the said claim petition on the ground that as per Motor Vehicles (Amendment Act) 2019, Sec. 166 (3) has been introduced and no application for compensation can be entertained unless it is made within a period of 6 months from the date of occurrence of the accident. This order is under challenge in the present revision petition.

(3.) According to the learned counsel for the petitioner, the accident had taken place on 11/12/2020. Therefore on the date when cause of action arose, there was no limitation for filing a claim petition seeking compensation for the death/injuries sustained in a motor accident. The Motor Vehicle Act 1988 was amended by way of Motor Vehicles (Amendment Act 2019) which came into force on 1/4/2022. The claim petition has been presented on 20/12/2022.