Yogendra Pratap Narayan Giri vs Krishna Mohan Shahi And 2 Others
2023 Latest Caselaw 10772 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - C No. - 10986 of 2023
 

 
Petitioner :- Yogendra Pratap Narayan Giri
 
Respondent :- Krishna Mohan Shahi And 2 Others
 
Counsel for Petitioner :- Chakrasudan Dubey
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 21.02.2023 whereby the claim petition being MACP No.169 of 2023 filed by the petitioner was rejected as time barred under Section 166(3) of the Motor Vehicle Act.

The contention of the Counsel for the petitioner is that the accident in question took place on 28.08.2022 and the claim petition was filed on 16.02.2023. He argues that the provisions of Section 166(3) was formulated by virtue of the amendment w.e.f. 01.04.2022 thus, the provisions as existed on the date of accident would govern the fist. He places reliance on the judgment of this Court in the case of Mangal Batra vs Mohammad Rafeeq Visayati and others (Writ-C No.22096 of 2022) decided on 10.08.2022.

Considering the submissions as well as judgment of this Court rendered in the case of Smt. Jyoti and another vs Motor Accident Claim Tribunal (Writ-C No.8262 of 2023) decided on 24.03.2023, the impugned order dated 21.02.2023 is not sustainable and is hereby quashed.

The matter is remanded to the MACT, Gorakhpur to hear and decide the case in accordance with law treating the same to be within time in view of the judgments referred above expeditiously.

This order has been passed in the presence of Sri Amit Manohar Sahai who has rendered his assistance to this Court to decide the matter on the request made by the Court and has also accepted the notice on behalf of the National Insurance Company.

Order Date :- 11.4.2023

akverma