Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EXH.15 IN MACP NO.364 OF 2023
1. Advocate for the respondent no.2/insurance
company has filed application challenging the maintainability
of the claim petition on the ground of limitations. Say of the
claimant is called for. He has given say behind the said
application, resisting it.
2. Perused record. It is the contention of Advocate for
respondent no.2 that as per Section 166(3) no application for
compensation shall be entertained unless it is made within 6
months of the occurrence of the accident. He submitted that
there is delay of 10 months. He has prayed for rejection of the
claim petition. Per contra, it is contention of Advocate for the
claimant that issue of limitation be decided alongwith the
main petition. He has prayed for rejection of the application.
3. Perused record. The accident has occurred on
01/04/2022. The claim petition is filed on 15/02/2023.
Limitation is a mixed question of facts and law. Accordingly, it
is found fit to frame issue about limitation and decide in the
main petition so as to avoid delay and inconvenience to the
claimant. Hence, the order-
ORDER
(i) The application is partly allowed.
(ii) The issue of limitation is framed to be decided with
main petition.
Date : 09/01/2026 (Gauri Kawdikar)
Member, C.R. No.4,
MACT, Mumbai
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