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2022 Supreme(Online)(KER) 29663

HIGH COURT OF KERALA
AMIT RAWAL, J
VIMALA JOSE
– Appellant
Versus

ABOOBACKER – Respondent


Advocates:
R.SREEHARI HAMZA A.V., SRI.P.K.MANOJ KUMAR, SC, R3

JUDGMENT

This Original Petition is filed against the order dated 11.11.2022, whereby the claim petition preferred by the petitioner/claimant, who sustained injuries in an accident occurred on 10.05.2022, has been rejected being barred by limitation.

2. The facts in brief are that the petitioner while standing in front of “Choice Hyper Market”, was hit by a car bearing Regn.No.KL-51/K-8212 driven by the first respondent and insured by the third respondent. The claim petition was filed on 10.11.2022 with e-filing No.C-202200074 before the Motor Accidents Claims Tribunal, which was returned by holding it to be barred by limitation in view of the Government notification dated 25.02.2022 read with Section 53 in Gazette No.51 dated 09.08.2019, whereby the amendment under the Motor Vehicles Act , 2019 came into effect with effect from 01.04.2022 and incorporated in sub-section (3) of Section 166 .

3. Learned counsel appearing on behalf of the petitioner submitted that the MACT ought not to have returned the petition on this ground and ought to have called the other side and framed the issues to adjudicate whether the claim petition is barred by law of limitation or not, for, the calculation

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