AIR 1996 SUPREME COURT 2155 ::1996 AIR SCW 2617 ::(1996) 1 ACC 603 ::(1996) 3 CivLJ 150 ::1996 (4) SCC 652 ::1996 SCC(Cri) 816 ::1996 (3) RecCivR 76 ::1996 (114) Pun LR 656 ::1996 (0) ACJ 1013 ::(1996) 2 TAC 324 ::(1996) 2 CurCC 318 ::1996 ( ) All CJ 1347 ::1996 (87) Com Cas 240 ::(1996) 2 Guj LH 459 ::(1996) 2 CTC 143 (SC) ::(1996) 3 ICC 578 ::1996 (2) CTC 143 ::(1997) 1 MPLJ 195 ::1997 (1) Mah LJ 487 ::(1997) 1 Mad LW 190 ::1997 (1) MadLJ15 ::1996 (2) Ker LT 283 ::(1996) 2 Ker LJ 328 ::1996 ( ) JabLJ 528 ::1996 (2) RajLW 119 ::(1996) 3 Pun LR 656 ::1996 (2) SCJ 466 ::(1996) 5 JT 601 (SC)

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): N. P. Singh, Faizan Uddin , JJ

(A) Motor Vehicles Act (59 of 1988) , S.166(3)— Repeal of sub-s.(3) prescribing limitation for filing claims petitions before Tribunal - Object seems to save victims of accident or their heirs from grave injustice caused due to rejection of petition on ground of limitation. Sub-section (3) of Section 166 has been omitted by Section 53 of the Motor Vehicles (Amendment) Act 1994 which came in force w.e.f. 14-11-1994. The effect of the Amending Act is that w.e.f. 14-11-1994, there is no limitation for filing claims before the Tribunal in respect of any accident. It can be said, that Parliament realised the grave injustice and injury which was being caused to the heirs and legal representatives of the victims who died in accidents by rejecting their claims petitions only on ground of limitation. It is a matter of common knowledge that majority of the claimants for such compensation are ignorant about the period during which such claims should be preferred. After the death due to the accident, of the bread earner of the family, in many cases such claimants are virtually on the streets. Even in cases where the victims escape death some of such victims are hospitalised for months if not for years. The Court observed that in its wisdom the Parliament, rightly thought that prescribing a period of limitation and restricting the power of Tribunal to entertain any claim....