SHYAM Vs. IQUBAL AHAMAD ALAMKHAN

JUDGEMENT

(1.) HEARD finally with the consent of parties:

(2.) THE applicant herein not with an accident on 15.6.1989 and sustained various injuries. He claims that he was in the hospital, after the accident, and was an indoor-patient till 4.9.1989 and subsequently was referred to the Medical College and Hospital, Nagpur, and was there till 10.1.1990. He claimed that during this period, he was not moving and was confined to bed. The applicant thereafter, after collecting the documents, etc., and after getting legal advice, filed a claim petition on 7.7.1990. That was clearly beyond the period of twelve months which was an outer limit as per the Motor Vehicles Act, 1989 ('the Act of 1988' for short). However, this claim petition was accompanied with by an application under Section 5 of the limitation Act, for condonation of delay in filing the claim petition, and that application was separately registered as Misc. Civil Application No. 97 of 1990. This application has been rejected by the Accident Claims Tribunal. Amravati on the ground that there is no jurisdiction in the Courts as per the law as it existed at the time of incident to condone the delay which was beyond 12 months.

(3.) MR . Thakur, learned Counsel appearing on behalf of Respondent No. 3, opposes this contention, on the ground that the Division Bench of this Court has taken a view that where the petition is covered and governed under the Act of 1988, any application made beyond the period of 12 months would be of no consequence and had to be dismissed as there would be no power in the Court to condone the delay.