BHOGIRAM Vs. ESHAN KHAN

JUDGEMENT

(1.) THE learned Third Addl. Claims Tribunal, Gwalior in Claim Case No. 86/1994 by impugned Award dated 8.2.1996, has dismissed the claim of the appellant on the ground of limitation alone.

(2.) IT is not disputed that the incident took place on 18.1.1991 and the claim was filed on 23.8.1991. Although, in claim petition it was mentioned that the claim is within limitation, however a separate application under proviso to Sub-section (3) of Section 166 of Motor Vehicles Act was filed. However, it seems that the learned Claims Tribunal while rejecting the claim as time-barred, did not consider the amendment in Motor Vehicles Act, which came into force w.e.f. 14.11.1994, much before the claim was decided.

(3.) TAKING into consideration the implications arising in the aforesaid decision of the Apex Court, the appeal is allowed and the impugned award is set aside. It is directed that the learned Claims Tribunal shall decide the application on merits, after issuing notice to the parties, treating it to be within limitation.