SAKHUBAI Vs. KALIDAS LAXMANRAO JOGDAND

JUDGEMENT

(1.) THE present petitioners filed an application for compensation as per provisions of Motor Vehicles Act, 1988. As there was delay in filing the application, separate application for condonation of delay was filed. The learned Member of the Motor Accident Claims Tribunal, Beed, by his order dated 2-1-1992, rejected the application for condonation of delay and dismissed the petition. Being aggrieved by this order original applicants-claimants have filed the present petition.

(2.) THE learned Counsel for the petitioners has relied upon the ruling of the Apex Court, in the case of (Dhannalal v. D. P. Vijayvargiya and others), 1997 (1) Mh. L. J. 487, and has contended that as sub-section (3) of section 166 of the Motor Vehicles Act, 1988, is deleted by section 53 of the Motor Vehicles Amendment Act, 1994, the claim petition must be entertained by the tribunal.

(3.) THE Apex Court has observed in para 8 of the above quoted judgment, as follows:---