C.R.P.No.1569 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN

C.R.P.No.1569 of 2023

Arumugam

..Petitioner

Vs.

1.Ramesh

2.The Divisional Manager,

The Oriental Insurance Company Limited,

Vijayalakshmi Complex,

31/312, 13^th Street, Phase II,

Sathuvachari,

Vellore District – 632 009.

..Respondents

PRAYER

: Civil Revision Petition filed under Article 227 of the

Constitution of India, praying to set aside the Docket Order dated

07.12.2022 made in Unnumbered MCOP.Sr.No.2062 of 2022 on the file

of Principal District Judge/ MACT, Tiruvannamalai and direct the

Principal District Judge/ MACT, Tiruvannamalai to number the claim

petition.

For Petitioner : Mr.S.Panneer Selvam

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C.R.P.No.1569 of 2023

O R D E R

Heard Mr.S.Panneer Selvam, learned counsel on record

representing the petitioner.

2. This Civil Revision Petition is filed by the petitioner

aggrieved by the return endorsement made by the Trial Court in

Unnumbered MCOP.Sr.No.2062 of 2022 on 07.12.2022, wherein, the

petition filed seeking compensation under Section 166 of the Motor

Vehicle Act, 1988, has been returned on the ground that the petition is

barred by limitation as per the Amendments relating to the Motor

Accident Claims which came into force on 01.04.2022.

3.Now, the learned counsel for the petitioner submits that as

per the decision rendered in A.S.KRISHNAN VS. NAJEEB AND

OTHERS [OP (MAC) No.6 of 2023 decided on 23.01.2023] of the High

Court of Kerala at Ernakulam, his claim petition should not have been

returned on the ground of limitation. In this regard, it is relevant to

extract para 24 of the said decision, which reads as follows:-

24. As a full out of my findings, the

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C.R.P.No.1569 of 2023

impugned orders are set aside, it is held that the

provisions of the Limitation Act would be

applicable for entertaining the petitions for

claiming the compensation even beyond the

period of six months, for, by taking into

consideration, Rule 17 of Annexure XIII framed

under Rule 150A of the Central Motor Vehicles

Rules 1989, the limitation to entertain the claim

petition cannot be restricted to six (6) months as

there is no provision in the Act excluding the

applicability of provisions of Section 29(2) of the

Limitation Act. In other words, it is held that the

claim petitions, if filed beyond the period of six

months cannot be dismissed in limine.

4.Considering the same, the Trial Court is directed to consider

the claim petition filed by the petitioner in MCOP.Sr.No.2062 of 2022

afresh, taking into consideration of the authority of High Court of Kerala

at Ernakulam and pass orders, on merits in accordance with law.

5.The Civil Revision Petition is disposed of at the admission

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C.R.P.No.1569 of 2023

stage itself, with the above observation and direction. No costs.

6.Registry is directed to return the original Petition for

compensation filed by the petitioner before the Trial Court after

substituting the same by a Photostat copy, to the learned counsel on

record representing the petitioner.

07.06.2023

dsa

Index

:Yes/No

Internet

:Yes/No

Neutral Citation

:Yes/No

Speaking order/Non-Speaking order

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C.R.P.No.1569 of 2023

To:-

The Principal District Judge/ MACT,

Tiruvannamalai.

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C.R.P.No.1569 of 2023

Dr.D.NAGARJUN, J.

dsa

C.R.P.No.1569 of 2023

07.06.2023

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