Case Note & Summary
The petitioner, United India Insurance Company Ltd., challenged an order dated 05.07.2023 passed by the III Additional Senior Civil Judge and JMFC, Raichur in FR MVC No.575/2022, which condoned a delay of 5 months in filing a claim petition under Section 5 of the Limitation Act, 1963. The claim petition arose from a motor vehicle accident. The High Court of Karnataka at Kalaburagi, in a writ petition under Articles 226 and 227 of the Constitution, examined whether Section 5 of the Limitation Act applies to claim petitions under the Motor Vehicles Act, 1988. The court noted that the Motor Vehicles Act is a special statute and Section 166(3) provides for limitation of six months for filing claims, but does not contain any provision for condonation of delay. Relying on settled law, the court held that the Limitation Act, 1963 does not apply to proceedings under the Motor Vehicles Act, and thus the Tribunal had no jurisdiction to condone the delay. The impugned order was quashed, and the claim petition was directed to be considered as barred by limitation. The writ petition was allowed.
Headnote
A) Motor Vehicles Act - Limitation - Section 166(3) of Motor Vehicles Act, 1988 - Condonation of Delay - The Tribunal allowed an application under Section 5 of the Limitation Act, 1963 to condone a delay of 5 months in filing a claim petition. The High Court held that the Motor Vehicles Act, 1988 is a special statute and Section 166(3) provides for limitation, but no provision for condonation of delay. Therefore, Section 5 of the Limitation Act is not applicable. The order condoning delay was quashed. (Paras 3-5)
Issue of Consideration
Whether an application under Section 5 of the Limitation Act, 1963 is maintainable before a Motor Accidents Claims Tribunal for condonation of delay in filing a claim petition under the Motor Vehicles Act, 1988.
Final Decision
The writ petition is allowed. The order dated 05.07.2023 passed by the III Addl. Senior Civil Judge and JMFC, Raichur in FR MVC No.575/2022 is quashed. The claim petition is to be considered as barred by limitation.
Law Points
- Limitation Act
- 1908
- Section 5 not applicable to Motor Vehicles Act claim petitions
- Motor Vehicles Act
- 1988
- Section 166(3) provides for limitation
- delay condonation not permissible under MV Act
Case Details
WP No. 201961 of 2023 (MV)
The Divisional Manager, United India Insurance Company Ltd.
Ramu @ Ramesh S/o Yallappa (minor) represented by father Yallappa S/o Kunchappa, Channabasav S/o Eareshappa @ Veeresh, Yariappa S/o Lingana Gouda
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Nature of Litigation
Writ petition challenging an order condoning delay in filing a motor vehicle accident claim petition.
Remedy Sought
Quashing of order dated 05.07.2023 passed by III Addl. Senior Civil Judge and JMFC, Raichur in FR MVC No.575/2022.
Filing Reason
The Insurance Company contended that the Tribunal erred in condoning delay under Section 5 of Limitation Act, which is not applicable to proceedings under Motor Vehicles Act.
Previous Decisions
The Tribunal had condoned a delay of 5 months in filing the claim petition.
Issues
Whether Section 5 of the Limitation Act, 1963 applies to claim petitions under the Motor Vehicles Act, 1988?
Whether the Motor Accidents Claims Tribunal has jurisdiction to condone delay in filing claim petitions?
Submissions/Arguments
The petitioner argued that the Motor Vehicles Act is a special statute and does not provide for condonation of delay, hence Section 5 of Limitation Act is not applicable.
Ratio Decidendi
The Motor Vehicles Act, 1988 is a special statute and Section 166(3) provides for limitation but no provision for condonation of delay. Therefore, Section 5 of the Limitation Act, 1963 is not applicable to claim petitions under the Motor Vehicles Act, and the Tribunal has no jurisdiction to condone delay.
Judgment Excerpts
On account of an accident which occurred various persons filed claim petitions before the Trial Court in MVC Nos.575/2022, 576/2022 and 577/2022.
The present petition arises out of an order dated 05.07.2023 passed by the III-Additional Senior Civil Judge and JMFC, Raichur in FR MVC No.575/2022 on an application under Section 5 of the Limitation Act, condoning delay of 5 months in filing the claim petition.
Procedural History
The claim petition was filed before the III Addl. Senior Civil Judge and JMFC, Raichur in FR MVC No.575/2022. The Tribunal allowed an application under Section 5 of Limitation Act condoning delay of 5 months. The Insurance Company challenged this order by filing a writ petition under Articles 226 and 227 before the High Court of Karnataka, Kalaburagi Bench.
Acts & Sections
- Limitation Act, 1963: Section 5
- Motor Vehicles Act, 1988: Section 166(3)
- Constitution of India: Articles 226, 227
