Accept time-barred application, Telangana HC directs motor accident claims tribunal

HYDERABAD: The Telangana High Court on Monday directed the Motor Vehicles accidents claim tribunal to hear the claim application filed after the limitation period of six months.

A division bench, comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, was hearing a petition challenging the new amendment made by the Union government in fixing the six months limitation period for filing motor accident claims as per Section 166(3), which was introduced by Motor Vehicles (Amendment) Act 2019 and came into effect on April 1, 2022.

The parents of a person who was killed in an accident in Nizamabad filed the petition after the tribunal rejected their claim as they had filed the application after the limitation time of six months.

The court appointed senior advocate P. Sriraghuram as amicus curiae to assist the court.

Senior counsel on Monday submitted that the Kerala High Court had in the same issue issued directions to the extent that police officers from the jurisdiction where the accident occurred have to inform the tribunal about the incident. Senior counsel said that it should be treated as a claim application.

Counsel for the insurance company objected to the submissions of the amicus curiae.

Responding to it, the bench observed that the insurance company cannot make a profit from a human tragedy.

The bench directed the claims tribunal to accept the application of the petitioner and decide their claim application, without considering the time of application.