AKSHAY RAJ Vs. MINISTRY OF LAW AND JUSTICE

JUDGEMENT

(1.) Seven original petitions ie., OP MAC No.6, 8, 11, 12, 13, 15 and 17 of 2023 preferred against identical order dismissing the claim petition to be barred by limitation, involving common question of fact and law are being disposed off by common judgment. The main case is taken as O.P (MAC) No.6 of 2023.

(2.) O.P (MAC) No.6 of 2023 has been preferred against the order dtd. 30/11/2022 of the MACT, North Paravur dismissing the claim petition filed under Sec. 166 of the amended Motor Vehicles Act being barred by the limitation.

(3.) Petitioner, Akshay Raj, aged 26 years preferred a claim petition before the learned MACT on the ground that on 26/5/2022 while driving a motor vehicle bearing registration No.KL-P-42P 7106 at about 8.40 a.m had met with an accident and suffered injuries, resulting into registration of FIR 590 of 2022. Learned MACT vide impugned order, dtd. 30/11/2022 rejected the claim application/petition simply on the ground that the claim petition was filed beyond the period of six months ie., on 28/11/2022 as the limitation expired on 25/11/2022. and thus there was a delay of almost three days. It is contended that the manner and the mode in which the order has been passed is wholly alien to settled principles as the learned MACT was required to frame the issues, for the question of limitation is a mixed question of fact and law.