Kerala High Court Interpret Month For Motor Accident Claim

Last updated: 13 January 2023

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The Kerala High Court has clarified the meaning of 'month' when calculating the six-month limitation period for motor accident claims under the Motor Vehicles (Amendment) Act, 2019. The court ruled that the MACT (Motor Accidents Claims Tribunal) should not have rejected a claim petition as time-barred based on a strict day-counting method. Instead, the tribunal should consider the period from the date of the accident, aligning with the definition of 'month' as per the British calendar and relevant legal precedents.

Court :
Kerala High Court

Brief :
The Kerala High Court- in this case interpreted the meaning of "Month" for the purpose of ascertaining the limitation period of Six Months as stipulated under Motor Vehicles (Amendment) Act, 2019.

Citation :
2022 LIVELAW (KER) 670

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FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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