1. The Insurance Company challenges Ext.P4 order, passed by the Motor Accidents Claims Tribunal, Kollam in I. A No.05 of 2024 in O.P(M.V) N0.2506 of 2020.

2. In the said claim petition, a written statement was filed by the Insurance Company, specifically raising the issue of maintainability, on the ground that there was a delay of more than 12 years and 11 months in filing the claim petition and accordingly, the same could not have been entertained. Reliance was also placed on the judgment of this Court in National Insurance Co.Ltd. v. Jojo [2019 (4) KLT 127].

3. The Tribunal, through Ext.P4 order, rejected the application without considering the rival contentions and only stating that the question of limitation is a mixed question of law and fact, and therefore, cannot be decided as a preliminary issue.

4. It is not that in every case where a plea of limitation is raised, a mixed question of fact and law arises for consideration. If, in a given case, on the undisputed facts, the claim is time-barred, the plea of hearing the question of limitation as a preliminary issue need not be postponed till the trial of the case.

5. Accordingly, Ext.P4 order is set aside. There will be a direction to the Motor Accidents Claims Tribunal, Kollam, to rehear the question of maintainability raised in O.P(M.V) No.2506 of 2020. Needless to say, the rival contentions shall be noticed, and a speaking order shall be passed with reference to the contentions, within three months from the date of receipt of a copy of this judgment. Parties are directed to appear before the Tribunal on 19.01.2026.

6. The Registry is directed to communicate this order to the Tribunal concerned forthwith.

                  The original petition is disposed of as above.