KAMLA DEVI Vs. NONI BAI

JUDGEMENT

(1.) This is owner's appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 02.05.2011, passed by First Additional Motor Accident Claims Tribunal, Raigarh (for short 'the Tribunal') in claim case No. 5/2011 by which the claimants' application filed under Section 166 of the Motor Vehicles Act, 1988 (for short 'the MV Act') has been partly allowed by the Claims Tribunal. Brief, facts in nutshell necessary for adjudication of this appeal are as under:--

(2.) Mr. N.K. Vyas, learned counsel appearing for the appellant would submit that claim petition filed by the claimants claiming compensation for the death of Shri Anjor Singh Morao, who died on vehicular accident on 8.3.1980 when the Motor Vehicle Act, 1939 was in force in which the period of limitation for filing an application for compensation was initially six months which in appropriate cases can be extended up to one year by condoning the delay on assigning the sufficient cause. He would further submit that claim petition filed on 23.2.2007 for the death occurred on 8.3.1980 i.e. after lapse of a period of 27 years is hopelessly barred by limitation and, therefore, the Tribunal has committed a grave legal error in entertaining the above claim petition. He would further submit that respondent No. 5/Insurance despite order of the learned Claims Tribunal has not produced insurance policy, therefore, adverse inference ought to have been drawn against the respondent No. 5/Insurance Company by the Tribunal.

(3.) On the other hand, Mr. Jaiswal and Mr. Awasthy, learned counsel appearing for the respondents supported the award impugned and would submit that the award passed by the Tribunal is just and fair and the application for claiming compensation has rightly been entertained and allowed by the Claims Tribunal.