JUJHAR SINGH Vs. RAMADHAR YADAV

JUDGEMENT

(1.) This appeal is filed by the appellant under Sec. 173(1) of the Motor Vehicles Act, 1988, being aggrieved of order dtd. 24/11/2022, passed by learned Fourth Member Motor Accident Claims Tribunal, Sagar (M.P.), whereby, learned Tribunal has rejected the Claim Petition, saying that sub-sec. (3) of Sec. 166 of the Motor Vehicles Act provides for limitation of four months to file a Claim Petition.

(2.) It is submitted that Kerala at Ernakulam in OP (MAC) No.51 of 2022, vide order dtd. 1/6/2022, has dealt with this issue and has held that after introduction of the amendment w.e.f. 1/4/2022, the amendment will be applicable for accident which took place after 1/4/2022 and not for the accident which had taken place earlier and in respect of persons in whom a right had already accrued and was available if the amendment had not been caused.

(3.) Taking into these legal position into consideration, this Court is of the opinion that learned Trial Court erred in passing the impugned order. The same is quashed. Matter is remitted to the Fourth Member Motor Accident Claims Tribunal, Sagar (M.P.) to hear and decide the claim on its own merits.