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AJIT KUMAR
Mangal Batra – Appellant
Versus
Mohammad Rafeeq Visayati – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Manish Tandon.
For the Respondent: Arvind Kumar.

JUDGMENT :

AJIT KUMAR, J.

1. Heard Sri Manish Tandon, learned counsel for the petitioner, Sri Rahul Sahai, learned counsel for the respondent Nos. 3 & 5.

2. By means of this writ petition filed under Article 226 of the Constitution, petitioner has challenged the order dated 18th April, 2022 of the Motor Accident Claims Tribunal, whereby the claim petition of the petitioner has been returned on the ground that it came to be filed beyond the prescribed period of limitation i.e. six months from the date of accident and hence as per Section 166 (3) of the Motor Vehicles Act, 1988 as amended vide Act No. 32 of 2019 and made effective from 1st April, 2022, the claim petition was held not maintainable.

3. The argument advanced by learned counsel for the petitioner is two fold:

    (A) The Tribunal is not justified in returning the claim petition on the ground of delay in filing the claim petition because the amending Act was made effective only from 1st April, 2022 and even though the claim petition was filed on 12th April, 2022 but amendment incorporating period of limitation under the Motor Vehicles Act being only prospective in nature, application was maintainable. In support of his argument, h

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