MALARAVAN Vs. PARVEEN TRAVELS PVT LTD

JUDGEMENT

(1.) The present revision petition raises a very interesting question of law. The question of law is the interpretation of Sec. 166 (3) and (4) of the Motor Vehicles Act.

(2.) The case of the petitioner is that he was driving towards Oragadam Village on his way back home. The 1 st respondent's vehicle was driven by the 2 nd respondent in a negligent manner which resulted in injury. The date of the accident is 11/10/2022. He filed his Claim Petition claiming compensation under Sec. 140 read with Sec. 166 of the Motor Vehicles Act, 1988, in M.A.C.T.O.P.(SR).No.3280 of 2023 on 19/4/2023. The said petition was returned on 25/4/2023. The return reads as follows:

(3.) Mr.Jaisingh, learned counsel appearing for the petitioner would submit that the Claim Petition was filed with a delay of 8 days due to his treatment. On account of the accident, the petitioner suffered fracture in his left leg and so, he had to rely upon his family members for his day to day life. Hence, he could not file the claim petition within six months. He would state that he was suffering from disability as the Doctors have advised him, being a compound wound he would have to take bed rest and consequently, there is a delay. He would request a direction to be given in this Revision to number the MACTOP.