[MV Act] Gauhati HC Sets Aside MACT Order Which Dismissed Claim For Being Barred U/S 166(3), Says Accident Occured Before Section Was Inserted

The Gauhati High Court recently set aside an order passed by the Motor Accident Claims Tribunal, Kamrup by which it dismissed a claim petition filed after six months of the accident for being barred by limitation under Section 166 of the Motor Vehicles Act, 1988, on the ground that the amendment to Section 166 of the Act, which includes the insertion of sub-section, was to come into effect only from April 1, 2022. The single-judge bench comprising Justice Budi Habung observed: “In light of the legal position established in the aforementioned cases, and considering that the accident occurred on 03.5.2019, prior to the enforcement of the amendment inserting sub-section to section 166 of the MV Act, 1988, I am of the opinion that the learned Tribunal made erroneous interpretation of Section 166 of the MV Act, 1988, under incorrect belief that the amendment was enforced on 19.8.2019.” The case of the appellant was that on May 03, 2019 at about 5:10 PM, while the appellant-claimant was speaking in front of the shop of one Late Bhabesh Kalita, he was knocked down by the offending vehicle due to rash and negligent driving of the driver. The Tribunal held that as per section 166 of the Motor Vehicles Act, 1988, no application for compensation shall be entertained unless it is made within six months of the occurrence of the accident. The Court noted that Section 166 of the MV Act states that no application shall be entertained unless it is made within six months of the accident's occurrence.