Case Note & Summary
The petitioners, three brothers, filed a claim petition under the Motor Vehicles Act, 1988 before the Motor Accidents Claims Tribunal at Vijayapura seeking compensation for injuries sustained in a motor vehicle accident. The office of the Tribunal raised an objection regarding maintainability on the ground of limitation, as the petition was filed beyond the period of six months from the date of accident. The Tribunal, by order dated 09.06.2017, rejected the petition on the ground of limitation. Aggrieved, the petitioners approached the High Court under Article 227 of the Constitution of India. The High Court heard the learned senior counsel for the petitioners and the counsel for the respondent-insurer. The court observed that the Limitation Act, 1963 does not apply to proceedings before the Motor Accidents Claims Tribunal, as the Tribunal is not a court. The proviso to Section 166(3) of the Motor Vehicles Act, 1988 empowers the Tribunal to condone delay beyond six months if sufficient cause is shown. The court held that the office objection regarding limitation was unsustainable and set aside the impugned order, directing the Tribunal to register the case and proceed in accordance with law. The writ petitions were allowed.
Headnote
A) Motor Vehicles Act - Limitation - Applicability of Limitation Act - Section 166(3) proviso, Motor Vehicles Act, 1988 - The Limitation Act, 1963 does not apply to proceedings before the Motor Accidents Claims Tribunal. The Tribunal has the power to condone delay beyond the period of six months if sufficient cause is shown, as per the proviso to Section 166(3) of the Motor Vehicles Act, 1988. The office objection regarding limitation was held to be unsustainable. (Paras 3-4) B) Motor Vehicles Act - Claims Tribunal - Power to condone delay - Section 166(3) proviso, Motor Vehicles Act, 1988 - The Claims Tribunal is not a court and the Limitation Act, 1963 is not applicable. The Tribunal can entertain a claim petition even after the expiry of six months from the date of accident if the claimant satisfies the Tribunal of sufficient cause for not filing the petition within time. The impugned order rejecting the petition on limitation was set aside. (Paras 3-4)
Issue of Consideration
Whether the Motor Accidents Claims Tribunal can reject a claim petition on the ground of limitation, and whether the Limitation Act, 1963 applies to proceedings before the Claims Tribunal under the Motor Vehicles Act, 1988.
Final Decision
The writ petitions are allowed. The impugned order dated 09.06.2017 passed in MVC FR No.416/2017 is set aside. The Tribunal is directed to register the case and proceed in accordance with law.
Law Points
- Limitation Act
- 1963 does not apply to Motor Accidents Claims Tribunals
- Claims Tribunal has power to condone delay beyond 6 months under Section 166(3) proviso of Motor Vehicles Act
- 1988
- Writ petition maintainable under Article 227 of Constitution of India
