MADRAS HIGH COURT
, J
Tamilselvan A. v. Senthil Constructions
| Table of Content |
|---|
| 1. facts regarding the accident and subsequent petitions. (Para 1 , 3 , 4) |
| 2. ratio decidendi relating to the retrospective application of law. (Para 2 , 10) |
| 3. arguments regarding negligence and limitation. (Para 5 , 6) |
| 4. court's observation on the applicability of the amendment. (Para 9) |
| 5. final ruling by the court allowing the revision. (Para 17) |
1. Petitioner who was a minor on 5.12.1989 was travelling along with his father and mother in their car and proceeding towards Tirupati. The car met with an accident at Pudur village. While the petitioner and his father sustained injuries, the mother died. The petitioner's father filed three claim petitions. First one for injuries on the minor, second one for injuries on himself and the third one for the death of his wife. The said claim petitions were filed on 11.1.1991 beyond the period of limitation of one year as provided under the Motor Vehicles Act , 1988 and hence in M.C.O.P. Nos. 337, 339 and 341 the petitioner's father had also filed petitions under S.5 of the Limitation Act to condone the delay in filing the claim petition. The Tribunal dismissed the petition, namely, I.A. Nos. 337, 338 and 339 of 1991 on the g
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