JANAKY Vs. ACHUTHAN NAIR

JUDGEMENT

(1.) HEARD learned counsel for the appellant. This appeal has to be straight away allowed, in view of the amendment to S. 166 of the Motor vehicles Act, 1988. Sub-s. (3) of S. 166 was deleted by the amendment by Act 54 of 1994 which came into force on 14. 11. 1994. Under the old S. 166 (3), no application for compensation shall be entitled to unless it is made within six months after the occurrence of the accident. The proviso to the said section also provides that the Claims Tribunal may entertain the application after the expiry of six months; but not later than 12 months if it is satisfied mat the applicant was prevented by sufficient cause from making the application in time. The said section, as already noted, has been deleted. Therefore, there is no limitation in preferring the claim petition.

(2.) THE Supreme Court also, in a recent decision reported in Dhannalal v. D. P. Vijayavargiva ( (1996) 4 SCC 652) held that the benefit of the amending Act is also to be extended to pending cases where a plea of limitation has been raised.