Page 150 - The Motor Vehicles Act, 1988

136 THE MOTOR VEHICLES ACT, 1988 SECTION 166

(d) by any agent duly authorised by the person injured or all or any of the
legal representatives of the deceased, as the case may be:
PROVIDED that where all the legal representatives of the deceased have not joined
in any such application for compensation, the application shall be made on behalf of or
for the benefit of all the legal representatives of the deceased and the legal representatives
who have not so joined, shall be impleaded as respondents to the application:
1
[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.]
2 [(2) Every application under sub-section (1) shall be made, at the option of
claimant, either to the Claims Tribunal having jurisdiction over the area in which the
accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction
the claimant resides or carries on business or with the local limits of whose jurisdiction
the defendant resides, they shall be in such form and contain such particulars as may
be prescribed:
3 [PROVIDED that where no claim for compensation under section 140 is made in such
application, the application shall contain a separate statement to the effect immediately before
the signature of the applicant.]
1 [(3) No application for compensation shall be entertained unless it is made within
six months of the occurrence of the accident.]
2 [(4) The Claims Tribunal shall treat any report of accidents forwarded to it under
4 [section 159] as an application for compensation under this Act.]
1 [(5) Notwithstanding anything in this Act or any other law for the time being in
force, the right of a person to claim compensation for injury in an accident shall, upon
the death of the person injured, survive to his legal representatives, irrespective of
whether the cause of death is relatable to or had any nexus with the injury or not.]

COMMENTS
Submitting an application under section 166 of the Act for compensation arising out of an
accident of the nature specified in sub-section (1) of section 165.—Project Officer District Rural
Development Agency v. Asharaf 2011 (104) AIC 706 (Kerala H.C.)
Where the situation is such that petition has to be dismissed on account of delay the court
should take a very generous view of the matter so as to rescue the petition from being tumbled
down on the ground of limitation and thereby depriving compensation to an innocent victim.—
Palliyalimusthafali v. N.Subar AIR 1992 Ker 295
Claims Tribunal is empowered to entertain the application after the expiry of the prescribed
period of six months on its being satisfied that the applicant was prevented by sufficient cause
from making the application in time subject to one further restriction or limitation which is introduced
by the words “but not later than 12 months”. Claims Tribunal can condone delay in making an
application for compensation filed beyond the prescribed period of six months but up to a period of
12 months only.—Mr. Ramdev Vejunand Bhai v. Hardash Blai Parbatbhai AIR 1992 Guj 122
1. Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-4-2022 vide SO
859(E), dt. 25-2-2022.
2. Substituted by Act 54 of 1994, w.e.f. 14-11-1994.
3. Proviso omitted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-4-2022
vide SO 859(E), dt. 25-2-2022.
4. Substituted for “sub-section (6) of section 158”, ibid.