The Allahabad High Court, in its recent judgment of Shailendra Tripathi and Anr v. Dharmendra Yadav and 2 others, heard by Hon'ble Dr. Kaushal Jayendra Thaker, J. clarified upon the contention regarding the section 166( Application for compensation) of the Motor Vehicles Act, 1988. It said that though the amendment regarding section 166 of the MV Act has been included in the Statutes but is yet to be notified under the government gazette. Therefore matters should be decided upon the unamended provision. The present was at the behest of claimants whose claim petition had been dismissed by the Motor Accident Claims Tribunal ( MACT) on the grounds that the claim petition had been filed beyond the six months time period as per the amended provisions of section 166(3) of Motor Vehicles Act as amended in 2019 and according to the learned Tribunal, the same provisions were/are in the statute book from 2019.
The accident had taken place on 24.12.2019, and the claim petition was filed on 20.08.2020, most probably after the courts started functioning accepted filling in the physical form. The reasons for the delay were also assigned by the petitioners by assigning several medical documents and the death certificate of the mother of the petitioner. The counsel for the appellant had submitted that the accident took place in December 2019, and the pandemic struck us in March 2020 and the Apex Court in an omnibus order extended the period of limitation. Thus the period of limitation was not over as per the combines order of the Apex Court. Also, the said amendment has not been notified yet by the government.
Looking upon all the aspects of the judgment, the learned Judge quashed and set aside the order/judgment impugned. It said :
"The Tribunal shall proceed as per 166 read with Section 168 of the Motor Vehicle Act, 1988 as till date amended section dealing with Chapter X, XI XII of the acthave not been brought on statute book substituting the earlier provision."