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2023 Supreme(Online)(MAD) 11915

HIGH COURT OF MADRAS
V. Lakshminarayanan, J
Malaravan – Appellant
Versus
Praveen Travels Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.Jaisingh
For the Respondents: Mr.N.Vijayaraghavan Amicus Curiae

ORDER

The present revision petition raises a very interesting question of law. The question of law is the interpretation of Section 166 (3) and (4) of the Motor Vehicles Act.

Facts of the case

2.The case of the petitioner is that he was driving towards Oragadam Village on his way back home. The 1st respondent's vehicle was driven by the 2nd respondent in a negligent manner which resulted in injury. The date of the accident is 11.10.2022. He filed his Claim Petition claiming compensation under Section 140 read with Section 166 of the Motor Vehicles Act, 1988 , in M.A.C.T.O.P.(SR).No.3280 of 2023 on 19.04.2023. The said petition was returned on 25.04.2023. The return reads as follows:

“Petition is returned as per limitation barred.”

Challenging the said return, the present revision has been filed.

3.Mr.Jaisingh, learned counsel appearing for the petitioner would submit that the Claim Petition was filed with a delay of 8 days due to his treatment. On account of the accident, the petitioner suffered fracture in his left leg and so, he had to rely upon his family members for his day to day life. Hence, he could not file the claim petition within six months. He would state that he was suff

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