Kochi: The high court, in a recent judgment, has held that a delay in filing a motor accident claim cannot be a ground for dismissal when no statutory limitation period was in force at the time of the accident or filing.
Kumar met with an accident on Aug 7, 2003, resulting in traumatic optic neuropathy and complete blindness in his left eye. The claim petition, seeking Rs 5 lakh in compensation, was filed 13 years after the accident, in 2016. Allowing the appeal, the court observed that the Motor Vehicles Act did not prescribe a limitation period from 1984 until April 2019. The court further found that the tribunal had erred in ignoring a 30% permanent disability certificate issued by a competent medical board, despite examining the doctor who had issued it. The bench also found the awards of Rs 10,000 for pain and suffering and Rs 100 towards bystander expenses to be grossly inadequate. The parties have been directed to appear before the tribunal on Sept 29, 2026.
The tribunal rejected it, terming it a ‘stale claim’ due to the unexplained delay, while only notionally assessing the compensation at Rs 43,700. You Can Also Check: Gold Rate in Kochi | Silver Rate in Kochi | Bank Holidays in Kochi | Public Holidays in Kochi Stay updated with the latest Kochi news. The bench of Justice P M Manoj set aside the order of the Additional MACT, Alappuzha, which had dismissed the claim petition filed by Santhosh Kumar , a travel operator from Nedumudy in Alappuzha, solely on the ground of maintainability. This prompted Kumar to move the HC. The Supreme Court had also directed tribunals not to dismiss petitions on the ground of limitation. Citing a Supreme Court decision, the court held that such certificates must be considered. Consequently, the award was set aside and the matter was remanded to the Alappuzha tribunal for fresh consideration, with a direction to dispose of it within six months. Download the TOI App.