Limitation Period For Filing Motor Accidents Claim Applicable Only Prospectively From April 1, 2022
Case: Sathy & Ors v. Dileep I.S & Ors.
Coram: Justice Amit Rawal
Case No.: OP (MAC) NO. 51 OF 2022
Court Observation: “Otherwise, with the stroke of the amendment, the right available to the injured and the claimants of the deceased person would be taken away.”
“I am of the view that the applicability of the Act, i.e., the introduction of the old provisions of subsection (3) of Section 166, would have a prospective effect and the limitation period of six months would apply after the introduction of the amendment i.e., post 1st April 2022. In other words, in any accident that occurred after 1.4.2022, provisions of the amendment caused in the Act prescribing the limitation to entertain a claim petition, the parties would be governed by the same but not in respect of the persons whom a right had already accrued and was available if the amendment had not been caused.”
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Limitation Period For Filing Motor Accidents Claims
