I and my wife met with an accident last year
8 months ago
I and my wife met with an accident last year. I was on 2 wheeler and a Roadways bus hit us from back. I suffered shoulder injuries and she suffered severe head injury. Neurologist treating her had told me that she should not be subjected to any kind of stress. We filed a case for compensation in court of small causes against the roadways. During hearing/cross examination in court, my wife (who had suffered head injury), was in tremendous tension (since new to police/court cases) and after coming to house, fainted. Her doctor said she should be kept away from court as she is likely to develop severe complications.
Can I withdraw the complaint with a condition that I should be permitted to file the case at a future date ?
The limitation period for filing the motor accident claim petition under Sec.166(3) of the Motor Vehicles Act, 1988 before the Motor Accident Claim Tribunal(MACT) within a period of six months is calculated from the date of the accident. Once you withdraw your claim petition on personal grounds, the claim petition may be disposed of by the Court/Tribunal for non-persuasion with no condition to reraise the claim at a later date extending the period of limitation for filing the case afresh. As a claimant, you can make an appeal/prayer before the Tribunal for an extension of the date of hearing on medical grounds filing the doctor's advice/recommendation. In case the Tribunal finds merit in your prayer, your prayer may be allowed to extend the date of hearing of the case.
There is no bar in law for that but it has to be seen that as to what are the grounds and cause of action raised in the complaint to file it again. If there has been an agreement and a quashing petition has been filed then you cannot file another criminal case
car accident
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