LAWS(GAU)-2024-10-38

JITUMONI SALOI Vs. UNITED INDIA INSURANCE CO.

Decided On October 21, 2024
Jitumoni Saloi Appellant
V/S
UNITED INDIA INSURANCE CO. Respondents

JUDGEMENT

(1.) Heard Mr. A.R. Agarwala, learned counsel for the petitioners.

(2.) Correctness or otherwise of the order, dtd. 2/7/2024, passed by the learned Member, Motor Accident Claims Tribunal, Amingaon, Kamrup, in MAC Case No.34/2023, is challenged in this petition under Article 227 of the Constitution of India, read with Sec. 115 of the Code of Civil Procedure.

(3.) It is to be noted here that vide impugned order dtd. 2/7/2024, the learned Member, Motor Accident Claims Tribunal, Amingaon, Kamrup, has dismissed the claim petition filed by the petitioners on the ground that the claim is time barred as the same was filed beyond six months and that Limitation Act is not applicable in case of M.V. Act, 2019, as the M.V. Act by itself has set a period of limitation and it cannot be overridden by the Limitation Act.