ARUN ALIAS ARUN KUMAR Vs. DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED AND SHANKAREGOWDA

JUDGEMENT

(1.) THIS Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 21.07.2011 passed in MVC No. 233/2009 on the file of Civil Judge (Sr. Dn.) and MACT, Maddur, dismissing the claim petition for compensation. With the consent of the learned counsel for the appellant as well as the learned counsel for the respondents, this matter was heard on merits. The records are also called for and I have perused the same.

(2.) LEARNED counsel for the appellant as well as the learned counsel for the respondents submits that the impugned judgment and award may be set -aside and the matter may be remitted back to the Claims Tribunal.

(3.) LEARNED counsel for the appellant submits that the delay in lodging the complaint will not wipe out the crime and it is not a ground to reject the claim petition. Ex. P. 9 is the copy of IMV report wherein K.M. Doddi police has issued the details regarding the accident. She will make Krishnegowda as party to the claim petition and she will also produce the documents before the Claims Tribunal. The Claims Tribunal has dismissed the claim petition mainly on the ground that there was a delay in lodging the complaint. In my view, it is not proper and it is liable to be set -aside. Besides the other side has no objection to remit the matter back to the claims tribunal, therefore, the matter is remitted back to the Claims Tribunal.