C.R.P(MD)No.48 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN

C.R.P(MD)No.48 of 2023

1.Rajalakshmi

2.Minor.Shasween

3.Minor.Saishrinithi

... Petitioners/Claimants

(Petitioners 2 and 3 are represented

through their natural guardian and

mother/first petitioner)

Vs.

1.P.Denash

2.ICICI Lombard General Insurance Company Limited,

Second and Third Nungabakkam High Road,

Chottabhai Centre,

Chennai-600034.

3.V.Mangalam

...Respondents/Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of

Constitution of India, to call for the records of the impugned docket

order, dated 06.12.2022 in M.C.O.P Filing No.212 of 2022 on the file of

the MCOP Tribunal Cum Additional District Judge (FTC), Paramakudi,

Ramanathapuram District and set aside the same and consequently

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C.R.P(MD)No.48 of 2023

directing the tribunal to number the Motor Accident Claims Petition filed

by the petitioners.

For Petitioner

: Mr.RM.Arun Swaminathan

For R2

: Mr.P.Pethu Rajesh

For R3

: No Appearance

ORDER

The present Civil Revision Petition has been filed against the

order, dated 06.12.2022 in M.C.O.P Filing No.212 of 2022 on the file of

the MCOP Tribunal Cum Additional District Judge (FTC), Paramakudi,

Ramanathapuram District.

2. The amendment to Section 161 (3) of the Motor Vehicle Act,

1988 with effect from 01.04.2022 has been stayed by the High Court of

Patna in Sandeep Raj and the State of Bihar and in Civil Writ

Jurisdiction Case Nos.3362, 4402, 4481, 5026 and 6111 of 2022. The

High Court of Kerala has also come to a conclusion that the limitation by

6 months cannot be applied as there is no provision in the Act excluding

Section 29 (2) of the Limitation Act.

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C.R.P(MD)No.48 of 2023

3. Prima facie, I am of the view that docket order rejecting the

claim of the petitioner is un-sustainable. Therefore, the present Civil

Revision Petition stands allowed at the time of admission since no

adverse orders are proposed to be passed against the respondent.

However, the rights of the respondents to argue the case after the case is

numbered on the ground of limitation stands preserved. No costs.

29.03.2023

NCC : Yes / No

Index

: Yes / No

Internet : Yes / No

sn

Note: Issue order copy on 03.04.2023

2. Registry is directed to return

the original copy of the impugned

order to the petitioner.

To

1.The MCOP Tribunal Cum Additional District Judge (FTC),

Paramakudi, Ramanathapuram District

2.The Section Officer

Vernacular Section,

Madurai Bench of Madras High Court,

Madurai.

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C.R.P(MD)No.48 of 2023

C.SARAVANAN

,J.

SN

C.R.P(MD)No.48 of 2023

29.03.2023

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