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Motor Accident Claims :- The Kerala High Court holds that claim petitions filed beyond six months from the date of accident can not be dismissed by the Tribunals.

Akshay Raj v. Ministry of Law and Justice & Ors


Akshay Raj v. Ministry of Law and Justice & Ors

The Kerala High Court was dealing with a batch of petitions that dealt with common question of fact and law, involving motor accident claim petitions being dismissed by Motor Accidents Claims Tribunals holding the same to be barred by limitation since they were not preferred within 6 months of the date of occurrence of the accident as per Section 166(3) of the Motor Vehicles Act.

The high Court has held that the provisions of the Limitation Act would be applicable for entertaining the petitions for claiming the compensation even beyond the period of six months. The limitation to entertain the claim petition cannot be restricted to six months as there is no provision in the Act excluding the applicability of provisions of Section 29(2) of the Limitation Act.``


Akshay Raj v. Ministry of Law and Justice & Ors 

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