MINOR.AMEERA FATHIMA Vs. J.MOHAMMED RAFIQ RAJA

JUDGEMENT

(1.) The revision petitioners are the claimants and they had filed a claim petition before the Motor Accident Claims Tribunal, Theni under Sec. 166/140 of Motor Vehicle Act 1988 claiming compensation for the death of their mother in a motor accident that took place on 3/7/2019. The said claim petition has been presented before the Tribunal on 25/1/2023. 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.

(2.) According to the learned counsel for the petitioner, the accident had taken place on 3/7/2019. 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 25/1/2023.

(3.) According to the learned counsel for the petitioner, the law that was prevailing on the date of cause of action alone should be taken into consideration and the claim petition cannot be considered to be barred by limitation based upon the amendment that is subsequent to the arising of cause of action. Therefore, the petitioners sought to direct the Claims Tribunal to number the claim petition.