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Madras High CourtCRP/137/2024closed

B. Francis v. J. Anandan

2024-02-02Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM B.Francis ...

Petitioner /vs/ 1.J.Anandan 2.P.Srinath 3.The Branch Manager M/s.Oriental Insurance Company Ltd., Branch Office at 8-1-210 PH road Opp: District Court, Chittoor, Andhra Pradesh-517 001 Local Branch: 25, Arunagiri Complex, 3rd Floor, Bye Pass Road, Hosur Town and Taluk - 635 109, Krishnagiri District.

...

Respondents PRAYER : This civil revision petition has been filed under Article 227 of the Constitution of India to set aside the order passed in MCOP.S.R.No.3320 of 2023 dated 04.07.2023 on the file of the Motor Accident Claims Tribunal, Krishnagiri, (Special District Judge, Krishnagiri).

Petitioner ... Mr.P.Paramasivadoss

ORDER

This civil revision petition has been filed to set aside the order passed in MCOP.S.R.No.3320 of 2023 dated 04.07.2023 on the file of the Motor Accident Claims Tribunal, Krishnagiri, (Special District Judge, Krishnagiri).

2.Heard the learned counsel appearing for the petitioner. 3.On perusal of records, it is seen that the Tribunal has passed the impugned written order dated 04.07.2023, which runs as follows: "Returned 04.07.2023 As per new Amendment Act Sec.166(3) MV.Act Rules claim petition shall be filed within six months from the date of occurrence. Otherwise petition shall not be entitled to get compensation.

In this case, date of accident is 21.06.2022 claim petition filed on 03.07.2023 hence this claim petition is returned barred by limitation. Hence, returned. Time one month."

4.The abovesaid returned is not a rejection order. One month time has been granted for representation. Therefore, this civil revision petition is closed with liberty to the petitioner to represent the petition before the Tribunal for pass an order on merits and to return the original documents to the petitioner immediately.

Index : Yes/No 02.02.2024 Internet : Yes/No sms To The Motor Accident Claims Tribunal, Krishnagiri, (Special District Judge, Krishnagiri).

V.SIVAGNANAM ,J.

sms 02.02.2024