WPMS/2516/2024
2024 Latest Caselaw 2157 UK

Uttarakhand High Court

WPMS/2516/2024 on 19 September, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes, reports, orders
                or proceedings or directions
SL. No   Date                                                                        COURT'S OR JUDGES'S ORDERS
                 and Registrar's order with
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                                                WPMS No.2516 of 2024
                                                Hon'ble Pankaj Purohit, J.

Mr. DCS Rawat, learned counsel for petitioner.

2. Heard.

3. Petitioner seeks to challenge the order dated 01.08.2024 passed by Motor Accident Claims Tribunal/ Addl. District Judge, Haldwani (Nainital) in Misc. Civil Case No.03 of 2024 (Manju Kaur v. Anand Singh and others), whereby the said Court entertained the claim petition filed by the claimants even beyond six months' period.

4. It is submitted by learned Counsel for petitioner that after the amendment in the Motor Vehicles Act, 1988, a period of six months has been prescribed as limitation to file the claim petition before the Claims Tribunal, and there is no power vested with the Tribunal to condone the delay in filing the claim petition. It is further pointed out by learned Counsel for petitioner that the impugned order has been passed on 01.08.2024 relying upon a decision dated 23.01.2023 passed by the Kerala High Court in O.P. (MAC) No.06 of 2023, Akshay Raj v. Ministry of Law and Justice and others, but the said judgment dated 23.01.2023 has been stayed by the Apex Court in SLP (Civil) No.22696 of 2023 (Universal Sompo Gen. Ins. Co. Ltd. V. Akshay Raj and others) vide order dated 03.07.2023.

5. In such view of matter, issue notices to the respondents returnable within six weeks. Steps be taken within a week.

6. List on 24.12.2024.

7. Till the next date of listing, further proceedings of Claim Petition No.106 of 2024 (Manju Kaur v. Anand Singh

and others) pending before the Court of Motor Accident Claims Tribunal/Addl. District Judge, Haldwani, District Nainital shall remain stayed.

8. Stay application (IA/1/2024) stands disposed of.

(Pankaj Purohit, J.) 19.09.2024 R.Dang