BAKKA VENKAMMA Vs. DEEPA NARISI REDDY

JUDGEMENT

(1.) A short but an important question of general importance which arises for consideration in this appeal is whether a petition filed by an injured person before the Motor Accident Claims Tribunal for short 'M. A.C.T.' on 24.11.1990 for compensation in respect of an accident which took place on 16.3.1989 is hit by limitation or it is saved by the subsequent change in law brought about by the Motor Vehicles (Amendment) Act54 of 1994 which was brought into force with effect from 14.11.1994. This precise question arises for consideration and resolution in the back drop of the following facts:

(2.) AT the outset I deem it fit to place on record my appreciation for the services rendered by Sri M. Narender Reddy as Amicus Curiae appearing for the appellant as well as Mr. Kota Subba Rao, the learned Counsel and a member of this Bar in assisting the Court placing all the relevant authorities before the Court. IN this case Mr. P.V.R. Mohan Rao has filed vakalat for the appellant. When this case was posted for final hearing before this Court on 7.9.1995 none appeared nor any representation was made on behalf of the appellant or her Counsel. Since it was a final hearing matter and filed, by an illiterate village woman seeking compensation for the injuries suffered by her in the accident occurred on 16.3.1989 involving the vehicle owned by the second respondent and driven by the first respondent and insured by the third respondent -Insurance Company, I thought it not just to dismiss the appeal for non -prosecution and requested Mr. M. Narender Reddy, a learned Member of this Bar to appear as Amicus Curiae and argue the matter on behalf of the appellant. Mr. M. Narender Reddy readily agreed and assisted the Court, Mr. Kota Subba Rao who quite often appears for the Insurance Companies also came forward to assist the Court and accordingly he was also heard in the case.

(3.) IN this case when the accident occurred on 16.3.1989 the old Act was in force, Section 110 -A(3) of the old Act read as under: