Oriental Insurance Co. Vs. Smt. Motiya & Ors.

Core ratio / Key holding

Headnote

Motor Vehicles Act, 1988 — Section 166(3) — Limitation Act, 1963 — Articles 113, 137 — Claim Petition — Applicability of Limitation

Ratio decidendi

• After the omission of Section 166(3) from the Motor Vehicles Act, 1988, the general law of limitation under the Limitation Act, 1963, does not apply to claim petitions filed before the Motor Accident Claims Tribunal.

Important points

• Held: The applications filed by the Insurance Company contending that the claim petitions were time-barred by limitation were rightly rejected by the Tribunal.
• Dismissed: The writ petitions filed by the Oriental Insurance Co. Ltd. challenging the Tribunal's orders were found to be devoid of merit and accordingly dismissed.

Keywords