JUDGMENT

The original petition is directed against the order dated

24.05.2022 in I.A.No.2/2022 in O.P.(M.V.) 667/2009 preferred by the Respondent Insurance Company for dismissing the claim petition being not represented as per the procedure prescribed under order 32 of the Code of Civil Procedure .

2. In respect of an accident occurred on 14.01.2018, petitioner preferred a claim petition under Section 166 of the Motor Vehicles Act . At the time of filing of the petition, petitioner was 17 years and 8 months but mistakenly gave the age as 18 years. Respondents preferred I.A.No.2/2022 dated 24.05.2022 for rejection of the petition as per the provision of the order 32 Rule 2 of the CPC, as the claim was filed without being represented by a major.

3. Learned counsel for the petitioner submitted that the application has been erroneously entertained by the MACT though it did not have the jurisdiction to entertain such application in view of the provisions of Rule 395 of the Motor Vehicles Rules , 1989 whereby only certain provisions of the Code of Civil Procedure in respect of the proceedings to be tried under the Motor Vehicles Act in the Kerala are applicable and not all.

4. Learned cou