JUDGMENT :

Inter alia alleges that the objection qua limitation is a mixed question of fact and law. The claim petition in respect of an accident occurred on 23.5.2019 could not have been rejected summarily by taking the aid of amendment caused in Section 166(3) of the Motor Vehicles Act, 1988 substituted by Act 32 of 2019 made effective from 1.4.2022 as the said amendment would have a prospective effect. Otherwise with the stroke of the amendment the right available to the injured and the claimants of the deceased person would be taken away.

2. Sri.Lal George accepts notice for the third respondent, the contesting respondent and submits that nothing has been saved under repealing and savings clause under Section 217 of the Motor Vehicles Act, 1988. Thus the order is perfectly legal and justified.

3. Prior to the amendment caused in the Motor Vehicles Act, Act 1939 was in existence dealing with the provisions of providing no fault liability and entertainment of claim petitions under Section 92A and Section 110A of 1939 Act. The aforementioned Act was amended by Motor Vehicles Act in 1988 and the claim petition was to be filed within a period of six months. The aforementioned amendment