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PANKAJ BHATIA
Jyoti – Appellant
Versus
Motor Accident Claims Tribunal/Presiding Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ram Singh, Amit Kumar Singh

JUDGMENT :

1. Heard Sri Ram Singh the counsel for the petitioner.

2. The present petition has been filed by the petitioner challenging the order dated 27.01.2023 whereby the claim petition filed by the petitioner under section 166 of the Motor Vehicles Act, 1988 has been dismissed as being beyond the limitation prescribed under section 166 (3) of the Motor Vehicles Act, 1988 as amended with effect from 01.04.2022.

3. The facts, in brief, are that the legal heirs of Late Chetan Kumar filed a petition under section 166 of the Motor Vehicles Act claiming compensation on account of the death of Late Chetan Kumar in a motor accident on 01.05.2022. The said claim petition was filed on 27.01.2023. As the same was beyond the limitation of six months prescribed under section 166 (3) of the Act, the same was dismissed by means of the impugned order.

4. The submission of the counsel for the petitioner is that there was a delay of about fifty seven days' and the Act being a beneficial piece of legislation should be interpreted liberally and the delay should be condoned. He relies upon a judgment of the Hon'ble Supreme Court in the case of National Insurance Co. Ltd. vs. Swaran Singh; (2004) 3 SCC

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