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24.07.2025
Heard Mr. B. K. Jain, learned counsel for the appellants and also heard
Mr. S. Dutta, learned counsel for the respondent No.3
2. In this appeal, under Section 173 of the Motor Vehicles Act, 1988, the
appellants have challenged the judgment and order dated 11.11.2019, passed
by the learned Member, Motor Accident Claims Tribunal, in M.A.C Case No.
147/2019.
2.1. It is to be noted here that vide impugned judgment and order dated
11.11.2019, the learned Tribunal has dismissed the appeal on the point of
limitation.
3. Mr. Jain, learned counsel for the appellants, submits that the accident took
place on 06.02.2019, and thereafter, the appellants herein had preferred the
claim petition, under Section 166 M.V. Act, before the learned Tribunal on
21.08.2019. But, the learned Tribunal had dismissed the same for being filed
beyond the period of 6 (six) months, as stipulated under Section 166(3) of the
Motor Vehicle (Amendment) Act of 2019. Referring to Section 53(3) of the Motor
Vehicle (Amendment) Act, 2019, Mr. Jain, learned counsel for the appellants,
Page No.# 3/6
also pointed out that though the Motor Vehicles Act, was amended in the year
2019, and some of the Sections came into force w.e.f. 28.08.2019 the date of
Gazette Notification, yet, Section 53(3) which relates to the provision of Section
166(3), came into force w.e.f. 01.04.2022, as the same was notified in the
Gazette of India on that date and in that view of the matter the impugned order,
so passed by the learned Tribunal, dismissing the claim preferred by the
appellant is erroneous and arbitrary and therefore, the same requires
interference of this Court.
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