PUROHIT AND COMPANY Vs. KHATOONBEE

JUDGEMENT

(1.) Heard learned counsel for the rival parties.

(2.) The daughter of the respondents died in a motor accident on 02.02.1977. A claim petition was filed, under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the 1988 Act'), seeking compensation on account of the motor accident, wherein the respondents' daughter had died, on 23.02.2005 i.e., after a period of more than 28 years. The Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal') entertained the above claim. A prayer made to reject the claim petition, for the reason, that the said claim had been raised 28 years after the accident in question, was rejected. It is in these circumstances, that M/s Purohit and Company (the petitioner herein) approached the High Court, wherein, the matter was re-adjudicated. Again, a prayer was made at the hands of the petitioner, that the claim had been made belatedly, and was not a surviving claim. The High Court, upheld the justiciability of the claim petition, on the short ground, that no period of limitation had been provided for raising a claim for compensation, under the Motor Vehicles Act, 1988. The judgment rendered by the High Court on 07.07.2015, has been assailed by M/s Purohit and Company through the instant petition for special leave to appeal.

(3.) Leave granted.