VINOD GURUDAS RAIKAR Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Special leave is granted.

(2.) The appellant was injured in a road accident and his claim petition has been dismissed as being barred by limitation. The accident took place on 22-1-1989. The Motor Vehicles Act, 1939 was repealed by S. 217(1) of the Motor Vehicles Act, 1988 which came into force on 1-7-1989. The period of limitation for filing a claim petition both under the old Act and the new Act being six months expired on 22-7-1989. The claim petition of the appellant, however, was filed belatedly on 15-3-1990 with a prayer for condonation of delay. The Accident Claims Tribunal held that in view of the provisions of sub-sec. (3) of S. 166 of the new Motor Vehicles Act, the delay of more than six months could not be condoned. The application was accordingly dismissed. The appellant unsuccessfully challenged the decision before the High Court.

(3.) It has been contended that since the accident took place when the old Motor Vehicles Act was in force, the proceeding before the Accident Claims Tribunal must be held to be governed by the old Act, and his petition cannot be dismissed on the basis of the provisions in the new Act.