VIJAYAN Vs. MANOJ K.

JUDGEMENT

(1.) Ext.P2 order dtd. 8/11/2022 of the MACT, Wayanad dismissing the two unnumbered claim petitions preferred for claiming compensation in respect of an accident occurred on 12/4/2022, being barred by the limitation, is under challenge in this original petition. It is contended that in the accident aforementioned, three passengers travelling in the car bearing registration No.KL-76-9140 died except a minor child and guardian, the petitioners herein. Petitions were filed under Sec. 164 of the Motor Vehicles Act, 1988 and not under Sec. 166. Provisions of Sec. 166(3) Act for determining the limitation ought not come into play, otherwise also, the provisions of the limitation cannot be taken away in view of the provisions of Sec. 29(2) of the Limitation Act.

(2.) Issue notice before admission. Learned counsel for the respondents accepts notice.

(3.) I have heard learned counsel for the parties and appraised the paper book.