C.R.P.No.3710 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

C.R.P.No.3710 of 2023

Minor M.Mathiazhagan

...

Petitioner

-Vs-

Tamil Nadu State Transport Corporation

Rep.by its Managing Director, Ramakrishna

Nagar, Dharmapuri.

... Respondent

Prayer: Civil Revision Petition is filed under Article 227 of the

Constitution of India, praying to direct the MCOP in MCOP

SR.No.652/2022 on the file of the Additional District Judge No.3,

Tirupattur.

For Petitioner

:

Mr.N.A.Nassir Hussain

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C.R.P.No.3710 of 2023

ORDER

Challenging the docket order passed by the Addl. District Judge

No.3, Tirupattur in unnumbered MCOP SR No.652 of 2022 stating that the

claim petition barred by limitiation, the petitioner preferred this Civil

Revision Petition.

2. Since the relief sought challenging the docket order passed by the

Claims Tribunal, notice to the respondent is dispensed with.

3. The learned counsel for Revision Petitioner would submit that

whether the claim petition is barred by limitation is the question of law

and the same can be decided at the time of trial and not in the numbering

stage itself. But, the claims tribunal refused to take the claim petition on

file relying the ratio laid down by this court in C.R.P.(PD) No. 4066 of

2022.

4. On perusal of records, it reveals that in respect of the accident

involved in this case, F.I.R. was registered within 6 months from the date

of accident. Therefore, the tribunal is directed to take the claim petition on

file as per the ratio laid down by this court in the authority reported in

2023 (4) LW 11 : 2023 (5) CTC 47 : 2023 (5) MLJ 57 : 2023 (2)

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C.R.P.No.3710 of 2023

T.N.M.A.C. 416 in the case of Malaravan vs. Praveen Travels Pvt.

Ltd., and others, wherein this court in para 31 held as follows :-

“31.

The upshot of the discussion is that on registration of

an F.I.R., a claimant is entitled to present the petition without

the fear of it being thrown out, on the ground of limitation.

This would be the correct reading of the present legal

dispensation in all cases where FIR is registered within 6

months, of the date of any motor accident which takes place

after 01.04.2022.

Accordingly, this Civil Revision Petition is disposed of and the findings

rendered by the Claims Tribunal in MCOP.SR.No. 652 of 2022 is set aside

and the learned Claims Tribunal is directed to take the claim petition on

file within a period of two weeks from the date of receipt of copy of this

order and to dispose the same on merit as per manner known to law as

expeditiously as possible. No costs.

16.10.2023

rpp

Index : Yes/No

Speaking Order : Yes/No

To

The Additional District Judge No.3, Tirupattur.

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C.R.P.No.3710 of 2023

T.V.THAMILSELVI, J.

rpp

C.R.P.No.3710 of 2023

16.10.2023

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