High Court of KeralaSingle JudgeOriginal petition allowed; petition admitted an...

OP (MAC) No. 58 of 2021, In the High Court of Kerala at Ernakulam

Case / Petition Number:OP (MAC) NO. 58 OF 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Sunil Thomas
Judgment Date
2021-08-12
Court Decision / Holding
Original petition allowed; impugned order set aside; Tribunal directed to restore the application and proceed in accordance with law.
Final Disposition
Original petition allowed; petition admitted and remitted to Tribunal for fresh disposal in accordance with law.

Parties to the Case

Appellants / Petitioners

  • Rejin R.S

Respondents

  • Binsi Saheed Anas
  • Shamnad V.S
  • The Manager (Legal) Royal Sundaram Alliance General Co. Ltd

Legal Representation & Advocates

Counsels for Petitioners

  • • A. Rajasimhan Ayyappadas
  • • V VyKhari K.U

Case Synopsis & Summary

This OP (MAC) petition before the Kerala High Court challenges an order of the Motor Accident Claims Tribunal, Attingal, which dismissed a compensation claim as time-barred under the Motor Vehicles Act. The claimant, seeking damages for injuries from a road accident, argued that the amendment introducing a six-month limit for filing applications under Section 166(3) of the MV Act was not yet in force because the specific provision (Section 53) of the Motor Vehicles (Amendment) Act, 2019 had not been notified for enforcement. The Tribunal had proceeded on the basis that Section 166(3) was effective, applying the six-month period from the date of occurrence or the relevant notification date, and had dismissed the claim as time-barred. The petitioner contends that the amendment Act’s provisions were not brought into force by the applicable notifications, and therefore the original Section 166, as it stood prior to amendment, should govern the limitation. The High Court examines the legislative framework, noting that while some provisions of the 2019 Amendment Act were brought into force by notifications dated 28/08/2019 and 30/08/2019, Section 53 (and thus 166(3)) was not notified. It cites an Allahabad High Court decision (Shailendra Tripathi v. Dharmendra Yadav) expressing the same view. Consequently, the court allows the petition, sets aside the impugned order, and directs the Tribunal to restore the application and proceed in accordance with law. The judgment also clarifies that the COVID-19 six-month extension does not salvage a filing under an unnotified amendment."

Provisions of Law Cited

Motor Vehicles Act, 1988, Section 166(3)Motor Vehicles (Amendment) Act, 2019 (32 of 2019), Section 53Motor Vehicles (Amendment) Act, 2019, Section 1(2)Notifications SO 3110(E) dated 28/08/2019; SO 3147(E) dated 30/08/2019Original Section 166 of MV Act prior to amendment

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Section 166(3) of the Motor Vehicles Act was introduced by the Motor Vehicles (Amendment) Act, 2019, but not notified for enforcement. Therefore, as Section 53 and the amended 166(3) were not brought into force, the Tribunal’s reliance on the amended provision to dismiss the claim as time-barred is erroneous. The applicant argues that the pre-amendment Section 166 governs the period of limitation, and the six-month window cannot be applied unless the Amendment Act or its notifications are in force. The COVID-19 extension of limitation, announced by the Supreme Court, was not applicable to create a new deadline under an unnotified provision. The petitioner seeks restoration of the application and to proceed under the unamended regime, after clarifying the status of enforcement of the amendment. The court should treat the petition under the original framework and rectify the Tribunal’s error in applying a non-existent provision.

Contentions of Respondents

The respondents argue that the amended provision, Section 166(3), governs the limitation period and that the filing could be time-barred under the six-month window once the occurrence date is considered, subject to any Supreme Court extensions for COVID-19. They contend that the revision of the limitation regime was valid to the extent the amendment Act had been brought into force by notifications; without such enforcement, the original Section 166 would prevail. They maintain that even with the COVID-related extension, the petition would likely remain time-barred if the amended regime were in effect, and therefore the Tribunal’s order should be sustained unless the amendment is deemed in force.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Shailendra Tripathi and Another v. Dharmendra Yadav and two othersFirst Appeal No.1563/2020PositiveAllahabad High Court adopted an identical view that Section 166(3) had not been brought into force by the relevant notification, and thus the original Section 166 applies.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **THURSDAY, THE 12[TH] DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 OP (MAC) NO. 58 OF 2021** ## **PETITIONER/PETITIONER IN OP(MV):** **1 REJIN R.S AGED 20 YEARS S/O. RAVEENDRAN, R.S. BHAVAN, MOORTHIKAVU, KATTUMPURAM P.O, KILIMANOOR, THIRUVANANTHAPURAM – 695608.** **BY ADVS. A.RAJASIMHAN AYYAPPADAS V VYKHARI.K.U** ## **RESPONDENTS/RESPONDENTS IN OP(MV):** - **1 BINSI SAHEED ANAS S/O. SAHEED ANAS, KAITHAKKATTIL THEKKUMKARA PUTHEN VEEDU, KALLARA, KALLARA P.O, THIRUVANANTHAPURAM – 695608.** - **2 SHAMNAD V.S S/O. VAHAB, KAITHAKKATTIL VEEDU, KALLARA P.O, THIRUVANANTHAPURAM – 695608.** **3 THE MANAGER (LEGAL) ROYAL SUNDARAM ALLIANCE GENERAL CO.LTD, AMRITHA TOWERS, 2ND FLOOR, OPP. MAHARAJA GROUNDS, 40/1045/01, M.G. ROAD, COCHIN – 682011.** **THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP (MAC) NO. 58 OF 2021 2 ## **JUDGMENT** ## **Dated this the 12[th] day of August, 2021** Service is complete on third respondent. 2. The petitioner filed a petition claiming compensation under the Motor Vehicles Act, before the MACT, Attingal, seeking compensation for the personal injuries sustained by the injured. An objection was raised by the office of the Tribunal that the application was filed beyond the limitation period and hence was not sustainable. Accordingly, the application was posted for hearing by the learned Tribunal, as unnumbered original petition. After hearing the claimant, by an order, dismissed the original petition as time barred. This order is impugned in the present proceedings. 3. The facts discernible from the records indicate that the claim petitions was filed after six months from the date of accident. Even the extension of time of limitation granted by the Supreme Court with effect from 15/3/2020 for six months, due to lock down also would 3 OP (MAC) NO. 58 OF 2021 not save the limitation, if any. The court below held the view that by virtue of section 166 (3), as amended by the Motor Vehicles Amendment Act, the application ought to have been filed within six months from the date of notification, which was 1/9/2019. It was held that the six months period accruing since 15/3/2020 was exempted from limitation by the Hon'ble Apex Court, until further orders, in the light of out break of epidemic Covid 19. Still on facts, the court found that, it would also not save the claimant. Accordingly, the learned Tribunal dismissed the petition holding that it was filed beyond the time prescribed by S.166(3) of Motor Vehicles Act. 4. Assailing the above order, learned counsel for the petitioner contended that section 166(3) of the Motor Vehicles Act was introduced by the Motor Vehicles (Amendment) Act, 2019 (32 of 2019). Though the above provision was introduced, it has not been notified by virtue of section 1 of the Motor Vehicles (Amendment) Act 2019, and hence, the above section has not come into force. Consequently the court below committed grave 4 OP (MAC) NO. 58 OF 2021 error by holding that the application was hit by section 166 (3) of the Motor Vehicles Act, 2019, it was argued. 5. Evidently, sub section (3) of section 166 was introduced by section 53 of the Motor Vehicles (Amendment) Act of 2019(32 of 2019). It provides that “no application for compensation shall be entertained unless it is made within six months from the date of occurrence of the accident.” The scheme of the Act shows that the Amendment Act got the assent of the President on 9/8/2019 and was published in the Gazette of India dated 9/8/2019. Section 1(2) of the Amendment Act provided that “the Act would come into force on such date as the Central Government, may, by notification in the official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to this commencement of the Act shall be construed as a reference to the coming into force of that provision.” 6. By the notification, SO No.3110(E) of the Ministry of Road Transport and Highways dated 5 OP (MAC) NO. 58 OF 2021 28/8/2019, several sections of the Motor Vehicles (Amendment) Act, 2019(32 of 2019) were brought into force from 1 st September 2019. By another notification dated 30/8/2019 by the Ministry of Road Transport and Highways, number SO.3147(E), it was provided that section 1 of the Motor Vehicles Amendment Act, 2019 would come into force on 1 st September 2019. Then, by virtue of the second notification, section 1 of the Act, which provided for notification or separate notifications for different sections, as the case may be, was brought into effect. By the first notification referred above, selected sections of the Amendment Act, 2019, were brought into force with effect from 1 st September 2019. SO No.3110(E) shows that after sections 48 and 49 referred in serial No.21, sections 58 to 73 (both inclusive) referred in serial No.22 were brought into force. Evidently, sections 50 to 57 of the Amendment Act including section 53, by which section 166(3) was inserted were not given effect to. In other words, by notification dated 28/8/2019, though several selected 6 OP (MAC) NO. 58 OF 2021 provisions were brought into effect, section 53 was not brought into force. Consequently, section 53 of the Amendment Act which introduced sub section (3) of 166 of the Parent Act has not come into force. Consequently, the Tribunal is governed by the original Section 166 as it stood prior to the amendment. Identical view was taken by a single judge of the Allahabad High Court in _**Shailendra Tripathi and Another v. Dharmendra Yadav and two others**_ by judgment dated 20/11/2020 in First Appeal No.1563/2020. 7. It seems that the learned Tribunal missed this aspect. This court had occasion to consider few identical orders issued by some other Tribunals. It seems that a wrong impression remains among some of the Tribunals that section 166 (3) has been brought into effect with effect from 1/9/2019. In the light of the misconception of law which led to the decision of the Tribunal which has been clarified as above, natural sequel is that the original petition is liable to be allowed after setting aside the impugned order. OP (MAC) NO. 58 OF 2021 7 Accordingly, the original petition is allowed. The impugned order is set aside and the learned Tribunal is directed to take back the application to file and to proceed in accordance with law as mentioned above. **Sd/-** **SUNIL THOMAS JUDGE** SKP/12-8 OP (MAC) NO. 58 OF 2021 8 ## **APPENDIX OF OP (MAC) 58/2021** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE OPMV FILED BY THE PETITIONER IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL ON 13.03.2020.** **EXHIBIT P2** **CERTIFIED COPY OF THE ORDER OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL DATED 16.06.2020 IN UNNUMBERED OP IN CF NO.3153/2020.** **RESPONDENTS EXHIBITS: NIL** **TRUE COPY** **P.A. TO JUDGE**