ORDER

This Civil Revision Petition is filed by the petitioners, aggrieved by the docket order dated 15.10.2024 passed in O.P.S.R.No.2244 of 2024 on the file of the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Jangaon.

Heard Sri Baddam Aravind Reddy, learned counsel appearing for the petitioners. Though notice was served on the respondents, there is no representation on behalf of the respondents.

Learned counsel for the petitioners submits that the Tribunal has erroneously returned the claim petition on the ground that it is barred by limitation under Section 166(3) of the Motor Vehicles Act, 1988, as the claim petition was filed beyond six months from the date of accident i.e., 24.07.2023.

The returned docket order dated 15.10.2024 passed in S.R.No.2244 of 2024 reads as follows:

“As per Motor Vehicles (Amendment) Act, 2019, which came into force with effect from 01.04.2022, the claim application is to be filed within six months of the occurrence of the accident (vide Sec. 166(3) of the M.V. Act, 1988). The date of accident is 24.07.2023 and the present Claim Petition is filed beyond the period of limitation as prescribed under Sec. 166(3) of the Amended M.V. Act.

Hence returned.”

In support of his submissions, learned counsel for the petitioners placed reliance upon the judgment of the Hon’ble Supreme Court in I CI CI Lombard General I nsurance Co. Ltd. vs. Ayiti Navaneetha & Ors., SLP (C) Nos.8412–8413 of 2023, wherein at paragraph No.5, the Hon’ble Supreme Court held as follows:

“It is made clear that during the pendency of these petitions, the tribunal or the High Courts shall not dismiss the claim petitions on the ground of such petitions as barred by limitation as prescribed under sub-section (3) or Section 166(3) of the Motor Vehicles Act, 1988.”

Having considered the submissions made by learned counsel for the petitioners and upon perusal of the material on record, this Court is of the opinion that the Tribunal was not justified in returning the claim petition solely on the ground of limitation. In view of the law laid down by the Hon’ble Supreme Court, claim petitions shall not be rejected on the ground of limitation under Section 166(3) of the Motor Vehicles Act, 1988.

In the above circumstances, the impugned docket order dated 15.10.2024 cannot be sustained and is liable to be set aside.

Accordingly, the Civil Revision Petition is allowed, setting aside the docket order dated 15.10.2024 passed in O.P.S.R.No.2244 of 2024 on the file of the Chairman, Motor Accident Claims Tribunal- cum-Principal District Judge, Jangaon. The Tribunal is directed to receive and register the claim petition and proceed with the matter in accordance with law. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, in this Civil Revision Petition, shall stand closed.