NATIONAL INSURANCE CO. Vs. JASBIR KAUR

JUDGEMENT

(1.) In both these petitions, under challenge is the similarly worded order dtd. 3/8/2023 passed by learned MACT, Hoshiarpur in two different claim petitions arising out of same motor vehicular accident, whereby applications of the Insurance Company (petitioner herein) so as to dismiss the claim petitions, being barred by limitation, were dismissed.

(2.) The Motor Vehicular Accident took place on 8/10/2017, resulting in death of Harcharan Singh and Jagdish Singh. Respective legal representatives of the two deceased brought two separate claim petitions in the first week of February, 2023. Application was moved by the Insurer of the offending vehicle to dismiss the claim petitions being barred by limitation in view of amended Sec. 166 (3) of the Motor Vehicle Act, 2019 (for short 'the 2019 Act'), as per which no application for compensation is to be entertained unless it is made within six months of the occurrence of the accident. Same were dismissed by way of impugned orders

(3.) The contention of learned counsel is that the amended provision of Sec. 166(3) of the 2019 Act had come into force w.e.f. 1/4/2022 and the claim petitions were not filed even within 06 months from 1/4/2022, what to talk of bringing the claim petitions within 06 months from the date of accident. Reliance was placed on Santhi and Others Vs. Suresh and Another, C.R.P. (P.D) No.4066 of 2022 decided on 7/12/2022, wherein High Court of Judicature at Madras has taken the view that in respect of the accident, which occurred prior to 1/4/2022, MACT is bound to entertain applications till the expiry of the period of 06 months to be reckoned from the date of amendment i.e. 1/4/2022 but if the applications are filed beyond 06 months from the date of amendment, regarding the accident occurred prior to the amendment, such applications alone are not entertainable.