Kerala High Court
Syamkumar S.U vs Krishna Nair P on 1 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
OP (MAC).No.63 OF 2020
PETITIONER / APPELLANT:
SYAMKUMAR S.U.,
AGED 29 YEARS
S/O. SREEKUMAR, RESIDING AT SREENILAYAM,
NETTIRACHIRA, KARAPPOOR VILLAGE, NEDUMANGADU TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695 541.
BY ADVS.
SRI.R.RAJESH (VARKALA)
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.MANU RAMACHANDRAN
SHRI.SAMEER M NAIR
RESPONDENTS / RESPONDENTS:
1 KRISHNA NAIR P.,
S/O. PARAMESWARAN PILLAI, RESIDING AT 177, ARUNIMA 5,
VEILOOR, MANGALAPURAM, MURUKKUMPUZHA P.O.,
THIRUVANANTHAPURAM, PIN-695 302.
2 PRADEESH (MINOR)
AGED 16 YEARS
REPRESENTED BY PRADEEP T. S/O. THANKAPPAN, RESIDING
AT PLANGANDAMOODU, KOKOTHAMANGALAM MURI, MUNDELA
P.O., ARUVIKKARA VILLAGE, NEDUMANGADU TALUK,
THIRUVANANTHAPURAM, PIN-695 543.
3 PRASHOP [email protected] PRASHOBH
AGED 20 YEARS
RESIDING WITH PRADEEP T., PLANGANDAMOODU,
KOKOTHAMANGALAM MURI, MUNDELA P.O., ARUVIKKARA
VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM, PIN-
695 543.
4 THE ORIENTAL INSURANCE CO. LTD.
OFFICE AT RAMAKRISHNA BUILDING, NEAR ARISTO JUNCTION,
EAST THAMPANOOR, REPRESENTED BY DIVISIONAL MANAGER,
THIRUVANANTHAPURAM, PIN-695001.
5 ADESH L.R.
AGED 22 YEARS
OP (MAC).No.63 OF 2020
2
S/O. RAJEEV, DWANI, NETTIRACHIRA, NEDUMANGADU P.O.,
PIN-695 541.
R1 BY ADV. SRI.SAMPATH V. TOMS
R4 BY ADV.K.S. SANTHI, SC
R4 BY ADV. SRI.GEORGE CHERIAN (SR.)
R4 BY ADV. SRI.ALEXY AUGUSTINE
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 01.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.63 OF 2020
3
JUDGMENT
Dated this the 1st day of March 2021
The petitioner is the claimant in unnumbered
OP(MV) filed before the MACT, Attingal. He sustained in a
Road Transport accident that occurred on 03.06.2018. He
filed an application seeking compensation on 17.06.2020.
An objection was raised that the application was barred
by limitation. Hence, the unnumbered OP(MV) was
placed before the MACT, Attingal on 17.06.2020 on the
question of limitation in presenting the application on
time. The Court below held that application was barred
by limitation. This order is assailed in this original
petition.
2. Heard the learned Counsel for the petitioner
and the learned Counsel for the fourth respondent.
3. The Court below by Ext.P2 order held that by
virtue of amendment, all claim petition shall be filed
within six months. The Court below held that by Section
53 of the amendment Act, it reintroduced Section 166 (1)
OP (MAC).No.63 OF 2020
of the old Motor Vehicles Act.
4. The Court proceeded on the assumption that
the above amendment had come into effect and will hold
the field. Ext.P3 and Ext.P4 are the notifications issued
by the Government. It seems that the Section 53 of the
amending Act has not been brought into force by the
notifications. By virtue of Ext.P3 dated 28.08.2019, the
1st September 2019 is notified as the date on which some
of the amendments would come into force. However,
amendment Section 53 is conspicuously absent in Ext.P3.
Evidently, the above Section has not come into force.
The above order of the Court below in the light of this
fact cannot survive, since, it was passed on a wrong
premise that the Act had come into operation.
Accordingly, the impugned order is set aside, the
matter is remanded to the Court below for fresh
consideration, in the light of the above.
Sd/-
SUNIL THOMAS
JUDGE
SKP/4-3
OP (MAC).No.63 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF APPLICATION FOR COMPENSATION
BEFORE MACT ATTINGAL DATED 17.6.2020.
EXHIBIT P2 A TRUE COPY OF THE ORDER DISMISSING THE EXT
P1 APPLICATION BY THE MACT ATINGAL DATED
17.6.2020.
EXHIBIT P3 A TRUE COPY OF THE S.O.3110(E) FROM
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
DATED 28.8.2019.
EXHIBIT P4 A TRUE COPY OF NOTIFICATION S.O. 3147(E)
FROM MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS DATED 30.8.2019.
RESPONDENTS'S EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
