Time limit for filing review in motor accident claim case

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    • #2071
      Anonymous
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      What is the maximum time limit for filing a review petition in the motor accident claims Tribunal case? If there is a delay beyond the maximum time limit permitted for this purpose, can such delay be condoned?

    • #2089

      You appear to be referring to filing of an appeal from the decision of the Motor Accident Claims Tribunal (MACT).

      Under the provisions of Section 173 of the Motor Vehicles Act, 1988, the time period for filing an appeal against the decision of the MACT is 90 days and such appeal can be filed in the high court. If the person fails to file an appeal within the said limitation period of 90 days, the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

      Section 173 of the Motor Vehicles Act is reproduced below:

      173. Appeals.—(1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court:

      Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent of the amount so awarded, whichever is less, in the manner directed by the High Court:

      Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

      (2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in the appeal is less than ten thousand rupees.”

            


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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