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Report No. 85

IV. Limitation for claims

16.9. Section 110A(3)-Recommendation for amendment.-

At the same time, the starting point for limitation for a claim on a cause of action which arose before the constitution of the Tribunal1 should be altered by suitably amending section 110A(3). A time limit of six months is prescribed by section 110A(3) for making an application for compensation. This time limit is to be computed from the date on which the accident occurred, subject to a proviso which is not material for the present purpose. In our opinion where the Tribunal is constituted after the occurrence of the accident, the period of limitation (six months) should be counted from the date of the constitution of the Tribunal.

If the time limit is computed from the date of occurrence of the accident, certain practical problems may arise in regard to a cause of action which arose prior to the constitution of the Tribunal. These practical difficulties would be avoided if the amendment suggested above is carried out. The reason is that to require a claimant to apply to the Tribunal within sixty days2 of the accident when the Tribunal itself did not exist within that period is to ask him to do the impossible.3

1. Cf. para. 16.7, supra.

2. Sixty days was the earlier limitation period. It is now six months.

3. NM Prakash v. State of Madhya Pradesh, 1962 MPLJ 465, quoted in Sushma Mehta v. 0.P.T., AIR 1964 MP 133 (135), para. 12.



Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back




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