Mact claim limitation and jurisdiction

What are the facts? What is the context?

Pecuniary jurisdiction- 'Pecuniary' means money. So, pecuniary jurisdiction is the power of the courts to determine matters on the basis of the monetary extent. A court cannot entertain a matter which is above it's pecuniary Jurisdiction. The High courts and district courts have unlimited pecuniary jurisdiction.

Territorial jurisdiction refers to power of the court to inquire and proceed with the trial of matter that is presented before it.

The jurisidiction of civil courts can be divided on the basis of pecuniary,. Territorial and subject matter

Being a Tribunal its powers to entertain and adjudicate a motor accident claim of any value (unlimited) and where accindent occured or injured / victim resides or any other cause of action / part cause of action arose in favour of claimant.

as per new Act. Limitation period is 6 months from accident date. For Jurisdiction, wherever the insurance company from whom we have to take the compensation have it's branch

After amendment (1994) in Motor Vehicle Act, 1988 there is no limit to file a claim against a motor vehicle accident.

Refer Dhannalal V Vijayvargiya AIR 1996 SC 2155

 

 

Claim may be filed at any of the 4 Tribunal(s) where accident occured and

i) driver solely responsible for injuries caused / fatal accident occured due to rash and negligent driving;

ii) driver not solely responsible for injuries caused / fatal accident occured; 

iii) contributory negligence of driver with some other i.e., joint tort-feaseres and one of which is driver;

iv) composite negligence of driver and some other factor involved in accident and in evidence driver was not held responsible.

Refer Gujarat State Road Transport Corporation Ltd. V Union of India 1988 Guj 13.

 

The MV Act has been further amended by the Act No. 32 of 2019 and Section 166 has been amended as follows -

53. In section 166 of the principal Act,—

(i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:—

“Provided further that where a person accepts compensation under section 164 in accordance with the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.”

(ii) in sub-section (2), the proviso shall be omitted; (iii) after sub-section (2), the following sub-section shall be inserted, namely:—

“(3) No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.”.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

The amending has received the assent of the President on 9th August 2019 has been notified in the Gazette on the same day.

The Notification could be accessed at https://morth.nic.in/sites/default/files/notifications_document/MV%20Act%20English.pdf

Dear Mr. P Venu,

Thank you for updating me.

Regards