APHC010666642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 3570/2025 Between: 1. GODAVARI BUJJI, W/O. LATE BALA SUBRAMANYAM, AGED 49 YEARS, OCC. HOUSE WIFE, R/O. H.NO.4-4-42, RAMNAGAR, PERALA VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT, A.P. 2. JAGANNADHAM KOTESWARI,, W/O. CHIRANJEEVI D/O. LATE BALA SUBRAMANYAM, AGED 34 YEARS OCC. HOUSE WIFE, R/O. H.NO.231-8-4, NEAR WATER TANK, YSR COLONY, JAKKAMPUDI, VIJAYAWADA RURAL, KRISHNA DISTRICT. A.P. 3. GODAVARI KIRAN,, S/O. LATE BALA SUBRAMANYAM AGED 31 YEARS, OCC. AUTO DRIVER, R/O. H.NO.4-4-42, RAMNAGAR, PERALA VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT, A.P. ...PETITIONER(S) AND 1. T SRINIVASA PRASAD, S/O. SATYANARAYANA RAJU, DRIVER OF VEHICLE BEARING NO. AP 39 TZ 0664, AGED 39 YEARS, R/O. D.NO.1-49, MAIN ROAD, KOLAVENN VILLAGE, KANKIPADU MANDAL, KRISHNA DISTRICT, A.P. 2. VISWANADHAM BAPANAIAH, S/O. SOMAIAH, OWNER OF VEHICLE BEARING NO. AP 39 TZ 0664, AGED 52 YEARS, H.NO.2-62-2, KAMMANAMOULU VILLAGE, NAALI NALI, NAGAYALANKA MANDAL, KRISHNA DISTRICT, A.P 3. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD, REP. BY ITS BRANCH MANAGER, VIJAYAWADA BRANCH OFFICE, 2 R/O. D.NO.40-1-48/1,2ND FLOOR, BEHIND KOTAK MAHINDRA BANK, M.G. ROAD, VIJAYAWADA, KRISHNA DISTRICT, A.P.- 520010. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toThe above named Petitioner beg to present this Civil Revision Petition aggrieved by the docket order dated 20.02.2024 passed in I.A. No. /2024 in M.V.O.P. NO. /2024 (CFR No.7358 of 2023) on the file of the court of the Motor Accidents Claims Tribunal-Cum-District and Sessions Judge, Prakasam District at Ongole, for the following among other. Counsel for the Petitioner(S): 1. SREEKANTH REDDY AMBATI Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 3570/2025 ORDER:- The Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by the docket order dated 20.02.2024 passed in I.A.No. /2024 in M.V.O.P.No. /2024 (CFR No.7358 of 2023) on the file of the Court of the Motor Accidents Claims Tribunal-cum-District and Sessions Judge, Prakasam District at Ongole. 2. Heard learned counsel for the petitioners. 3. Learned counsel for the petitioners submits that in view of the amendment to the Motor Vehicles Act, 1998 in the year 2019 Section 166(3) of the Act contemplates as under: “Section 166(3) – No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident” 4. Learned counsel for the petitioners further submits that in the present case, there is only delay of 28 days in filing the petition under Section 166 of the M.V. Act and also filed a petition under Section 5 of the Limitation Act, 1963 seeking for condonation of delay. He further argued that the Hon’ble Apex Court passed an order in SLP Nos.8412-8413 of 2023, wherein the Hon’ble Apex Court posted the matters for consideration and further held that till consideration of the matter, it is specifically directed not to dismiss any 4 application on the ground that main claim petition is filed after the prescribed period under Section 166(3) of the M.V. Act. But contrary to the order of the Hon’ble Apex Court, the trial Court dismissed the limitation application. Therefore, the order impunged is liable to be set aside and the matter should be remanded for fresh consideration as per the orders of the Hon’ble Apex Court. 5. Heard the submissions made by the learned counsel for the petitioner/appellant and perused the record. 6. It is appropriate to extract the order of the trial Court dated 06.02.2024 as under: “5. Now the point that arises for consideration is:- “Whether Section 5 of the Limitation Act, 1963 is applicable to claim petitions filed under the Motor Vehicles Act, 1988 as amended w.e.f. 01.04.2022?” 6.Point:- i) Section 166(3) of Amended M.V. Act is herewith extracted for ready reference. 166. Application for compensation.- (1)*** (2) *** 5 (3) No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident. ii) It is clear form the above section that a claim for compensation in a motor accident should be filed within 6 months of the date of accident. Here accident occurred on 22.02.2023 and claim has to be preferred on or before six months from 22.02.2023 i.e. on or before 22.08.2023 but filed on 19.09.2023 with a delay of 28 days. There is no provision in the amended MV Act to allow the claims filed after prescribed period of 6months. Amended MV Act is not governed by any other Acts as MV Act itself is complete code and special enactment for dealing with motor accident claims. Moreover Section 166(3) of Amended MV Act is not a directive provision and it is a mandatory provision. Hence Section 5 of Limitation Act is not applicable to the claims under amended MV Act. iii) Learned Counsel placed reliance on common judgment dated 23.01.2023 passed in OP(MAC) Nos.6, 8, 11, 12, 13, 15 and 17 of 2023 delivered by the Hon’ble High Court of Kerala at Ernakulam. But the Hon’ble Apex Court stayed the operation of the said judgment vide Orders dated 17.05.2023 in SLP(C)No.9152/2023. 7. In view of above preposition of law, this petition is liable to be dismissed. Accordingly the point is answered. 8. In the result, this petition is dismissed as not maintainable consequently claim in CFR.NO.7358 in MVOP.NO. /2023 dated 19.09.2023 is rejected.” 6 7. On perusal of the order of the trial Court it is clear and categorical that the petitioner herein filed claim petition seeking compensation admittedly with a delay of 28 days. On perusal of Section 166(3) of M.V. Act, it clearly envisages that no application for compensation shall be entertained unless it is made within a period of six months from the date of occurrence of the accident. Therefore, it is true the substantive law specifically bars for filing application after lapse of six months from the date of accident. But the said view of the legislature as amended by way of amended MV Act w.e.f. 01.04.2022 was under judicial review before the Hon’ble apex Court by way of batch of petitions particularly SLP Nos.8412-8413 of 2023, wherein the Hon’ble Apex Court specifically considered as under: “4. It is made clear that learned counsel appearing for the parties are at liberty to file written synopsis, not exceeding five pages, within two weeks from today and each of the counsel would be permitted to address the oral arguments not exceeding half-an-hour. 5. It is made clear that during the pendency of these petitions, the tribunal or the High Courts shall not dismiss the claim petitions on the ground of such petitions as barred by limitation as prescribed under sub-Section (3) or Section 16(3) of the Motor Vehicles Act, 1988.” 8. Considering the submissions and in view of the findings and conclusion of the Hon’ble Apex Court, the trial Court shall keep pending the 7 subject petition till the final orders passed by the Hon’ble Apex Court in batch of petitions which were filed challenging the amendment to the M.V. Act w.e.f. 01.04.2022. Therefore, the order passed by the trial Court is hereby set aside and remanding the same for fresh adjudication as per the orders of the Hon’ble Apex Court as extracted above and the trial Court may take necessary steps in accordance with law. However, the Registry is directed to return the original record to the petitioner herein to represent the same before the trial Court. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 22.12.2025 TPS 8 95 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO.3570 of 2025 22.12.2025 TPS