On Registration Of FIR, Claimant Under MV Act Entitled To File Petition Without Any Fear Of Limitation: Madras HC
The Madras High Court has observed that in cases of motor accidents claims, where any request is filed and accessible by the Motor Accident Tribunal, then there will be no question of six months limitation in such matters. The bench further noted that the issue of six months limitation will arise only in cases where no FIR has been registered by the Police and no report has been sent or uploaded.
The present revision petition raised an interesting question of law in the interpretation of Section 166 (3) of the Motor Vehicles Act. The bench, thus, observed that the petition under Section 166 is only a reminder to the Court that the police have already filed the Detailed Accident Report containing all the requisite details like the First Information Report, Interim Accident Report, First Accident Report and therefore, it has to take up the said report as a claim petition.
While observing that today it is a people-oriented justice delivery Tribunal and not an adversarial system as was practiced before April 1, 2022 other parts of India (before 12.09.1979 in Tamil Nadu), a bench of Justice V. Lakshminarayanan further held, “The claimants have been freed from the shackles and are no more burdened to search for the documents necessary for filing a claim. The duty to report is now the police and the duty to process the said information given by the police and uploaded on to the website lies on the Tribunal. When access is given to the Tribunal to an FIR and the other details which have been uploaded by the police the claimant need not be made to run around or suffer from a fear that his petition is barred by time. It is the duty of the Claims Tribunal to access the information available to it and process the claim and give succour to the victims”.
Advocate M. Jaisingh appeared for the petitioner and Advocate N. Vijayaraghavan appeared as Amicus Curiae.
In the present matter, the petitioner suffered injuries in a motor vehicle accident on October 11, 2022. Pursuant to which, on October 13, 2022, an FIR was registered by the Police, however, he filed the Claim Petition seeking compensation under Section 140 read with Section 166 of the Motor Vehicles Act, 1988 on April 19, 2023. However, the said petition was returned on April 25, 2023 for being limitation barred.
The petitioner, therefore, could not file the claim petition within six months. It was contended that he was suffering from disability and consequently, there was a delay. Thereby, he requested a direction to be given in the Revision to number the MACTOP.
It is to be noted that as per Section 166(4) that if any report of the accident is forwarded to it under Section 159, the same shall be treated as an application for compensation.
While Section 159 of the Act stipulates the Information to be given regarding accident. It reads, The police officer shall, during the investigation, prepare an accident information report to facilitate the settlement of claim in such form and manner, within three months and containing such particulars and submit the same to the Claims Tribunal and such other agency as may be prescribed.
Therefore, after perusing the aforesaid provisions, the bench was of the opinion that the claim petition is only a reminder to the Motor Accidents Claims Tribunal to perform its duty under Rule 21 Annexure XIII of Central Motor Vehicles Rules and to process the claim petition.
“The Parliament in its wisdom has ensured that the hapless victims of motor accidents need not depend upon stakeholders in Court for the purpose of initiation of proceedings. The proceeding itself is initiated on the basis of the report filed by the Police Authorities. In effect, the petition under Section 166 is only a reminder to the Court that the police have already filed the Detailed Accident Report containing all the requisite details like the First Information Report, Interim Accident Report, First Accident Report and therefore, it has to take up the said report as a claim petition. In other words, the claim petition is only a reminder to the Motor Accidents Claims Tribunal to perform its duty under Rule 21 Annexure XIII of Central Motor Vehicles Rules and to process the claim petition”, the bench further noted in the judgment.
Accordingly, the Court allowed the Civil Revision Petition while setting aside the order passed by the Motor Accidents Claims Tribunal. The bench further directed to treat the application filed on April 19, 2023 as a reminder to the Court for a plea of just compensation under Section 166(4) of the Act.
Cause Title: Malaravan v. Praveen Travels Private Limited
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