ORDER

This Civil Revision Petition is filed against the docket order dated 21.04.2023 passed by the Motor Accidents Claim Tribunal, Special District Judge, Salem returning the Unnumbered MCOP No.

CNR.No.TNSA0A0019132022/22 filed by the petitioner.

2. The claim petition filed by the petitioner, seeking compensation under Section 166 of the Motor Accident Tribunal Rules, on account of the injuries sustained in the accident that had occurred on 08.04.2022, has been returned by the Motor Accident Claims Tribunal-cum-Special District Judge, Salem on the ground that the petition is barred by limitation.

3. The learned counsel for the petitioner would submit that the amendment of the provision does not specify that the limitation act is not applicable if the claim petition is not filed beyond the period of six months from the date of accident. In the absence of such specific requirement, the Tribunal cannot assume that the application cannot be entertained after a period of six months and returned the petition on the ground of limitation which is admittedly a mixed question of fact and law and the same can be decided only after commencement of trial and not at the threshold.

4. Considering the limited relief sought for in the petition, notice to the respondent is deemed unnecessary.

5. It is well settled position that, in an application for compensation arising out an accident, FIR has to be treated as the Claim Petition. If FIR is registered within six months from the date of accident, the victim is entitled to present the petition for compensation. In the present case, the accident had occurred on 08.04.2022 and FIR had been registered on the same day itself and therefore, the question of limitation does not arise and the petition under Section 166 can be taken on file by the Tribunal.

6. Accordingly, this Civil Revision Petition is allowed. The docket order passed by the Learned Special District Judge / Motor Accident Claims Tribunal, Salem, in Unnumbered MCOP No. CNR.No.TNSA0A0019132022/22 dated 21.042023, is set aside. The Motor Accident Claims Tribunal, Special District Judge, Salem, shall take the MCOP on file and proceed in accordance with law. No costs.

7. The original petition is to be returned to the petitioner within 2 days.

31.08.2023 Index : Yes/No Internet : Yes/No smn/gvn To

1. The Motor Accidents Claims Tribunal Special District Judge, Salem V.BHAVANI SUBBAROYAN,J smn/gvn

31.08.2023