GALIYA BAI Vs. MOHD SAHEED

JUDGEMENT

(1.) In this appeal the claimant-appellant has assailed the award dated 16.9.1999 passed in M.V.C. No. 2 of 1998 by the Additional Motor Accidents Claims Tribunal, Dindori.

(2.) On a perusal of the award, it is discernible that the death of Tulak Singh has occurred on 26.2.1989, in an accident caused by motor cycle. The claim petition was filed by his daughter in the year 1998. Claims Tribunal has rejected the claim petition on the ground of limitation. The Tribunal in para 8 has recorded a finding that though there has been deletion of subsection (3) of section 166 of the Motor Vehicles Act, 1988, the claim was barred by time when the said provision was in force and, therefore, the claim could not be entertained.

(3.) On the basis of the aforesaid, the claim case was dismissed. That apart, the Tribunal has also recorded a finding that the claim petition was not tenable as the death had occurred after five days of the accident. Assailing the aforesaid award it is submitted by Mr. Lalwani, the learned counsel for the claimant that the finding of the Tribunal that the death had occurred after 5 days is inconsequential inasmuch as the death had taken place on account of injuries sustained in the accident. We are of the opinion that the submission of Mr. Lalwani has sufficient force. On that ground alone, the Tribunal should not have dismissed the case.