AIR 2017 SC 1612 ::2017 (2) AJR 843 ::(2017) 1 WLC(SC)CVL 605 ::(2017) 3 ACC 116 ::2017 (4) SCC 783 ::2017 (2) SCC (Cri) 479 ::(2017) 2 RecCivR 112 ::(2017) 3 Scale 661 ::(2017) 2 ACJ 1255 ::(2017) 3 TAC 340 ::(2017) 1 CurCC 240 ::(2017) 5 AllMR 417 (SC) ::(2017) 4 AndhLD 11 ::(2017) 123 All LR 262 ::(217) 4 MPLJ 241 ::(2017) 4 MPLJ 241 ::(2017) 5 Mah LJ 511 ::(2017) 67 OCR 173 ::(2017) 4 Mad LW 319 ::(2017) 2 Ker LT 25 ::(2017) 2 Ker LJ 260 ::(2017) 2 Raj LW 1694 ::(2017) 3 Pun LR 272 ::(2017) 3 UC 1669 ::(2017) 174 AllIndCas 263 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Jagdish Singh Khehar, N.v. Ramana, D.y. Chandrachud , JJJ

Motor Vehicles Act (59 of 1988) , S.166(3)— Claim for compensation - Limitation - Deletion of period of six months to file claim w.e.f. 14-11-1994 - Effect - Though no period of limitation remains prescribed, yet, claim must be filed within reasonable time - Delay of 28 years in filing claim, unreasonable - Explanation for condonation of delay that claimants are poor persons, having no knowledge of law - Cannot be accepted. Even though no period of limitation remains prescribed, after amendment of Section 166 of Motor Vehicles Act, 1988, whereby sub-section (3) of S. 166 came to be deleted (with effect from 14-11-1994), yet it would be imperative to determine, whether at the juncture when the claimant approached Motor Accident Claims Tribunal, the claim was a live and surviving claim. A claim raised before Motor Accident Claims Tribunal, can be considered to be genuine, so long as it is a live and surviving claim. It is not as if, it can be open to all and sundry, to approach a Motor Accident Claims Tribunal, to raise a claim for compensation, at any juncture, after the accident had taken place. The individual concerned, must approach theTribunal within a reasonable time.(Para 12 13) The question of reasonability would naturally depend on the facts and circumstances of each case. A delay of 28 years, even....