KHEMRAJ OD Vs. RAMESHWAR MEENA

JUDGEMENT

(1.) The petitioner has preferred this Misc. Petition under Article 227 of the Constitution of India being aggrieved by the impugned order dtd. 2/11/2023 passed by Member, MACT, Sheopurkala in MJC No.36 of 2023 whereby, the application under Sec. 5 of the Limitation Act filed by the petitioner/claimant has been dismissed.

(2.) The facts of the case are that on 22/5/2022 petitioner along with his mother was going to Sultanpur Rajasthan and when they reached Etawa by- pass, then a Motorcycle bearing Registration No.RJ 20 SV 0339 hit the Motorcycle of the petitioner, due to which, the petitioner sustained serious injury on his left leg and other injuries over his body. He was admitted to the Hospital and lodged a complaint against the accused persons. Accordingly, Crime No.8 of 2022 for offence punishable Under Ss. 279, 337, 338, and 304-A of IPC have been registered. After that, he filed a Claim Petition under Sec. 166 of the Motor Vehicle Act before the Motor Accident Claims Tribunal, Sheopurkala for claiming compensation of Rs.53,80,000.00 and also filed an application under Sec. 5 of the Limitation Act for condonation of delay in filing a claim petition. But after hearing both the parties, the Tribunal dismissed his petition. Being aggrieved by the same, the petitioner has preferred this petition.

(3.) Learned counsel for the petitioner submits that the impugned order passed by the below Tribunal is against law and facts. In the instant matter, the delay is not so large. Learned counsel further submits that the delay has been caused due the investigation of the case because the police have filed a closure report. Therefore, he could not file an instant claim petition within the prescribed period. The below Tribunal by applying the law in a strict sense has rejected his application. Hence, he prays that the impugned order be set aside. The petitioner places reliance upon the order passed by Kerala High Court in the case of Akshay Raj Vs. Ministry of Law and Justice and Justice Legislature Department, 2023 LiveLaw (Ker) 50.