AMIT KUMAR TIWARI Vs. MALTA BAI

JUDGEMENT

(1.) The question of law being common in both the cases they were heard analogously and disposed of by this singular order. For the sake of clarity and convenience the facts stated in W.P. No. 452 of 2005 are adumbrated herein.

(2.) The petitioner is the owner of bus bearing registration No. MPA 6529. The said vehicle, as pleaded, was insured with Oriental Insurance Co. Ltd., respondent No. 3, met with an accident on 19.1.1986 as a consequence of which two persons were injured who succumbed to the same. Petitioner on 26.1.1986 intimated about the accident to the Branch Manager of the insurance company.

(3.) According to the writ petitioner the legal representatives of the deceased filed an application under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') after expiry of the period of limitation as provided under section 166 (3) of the Act. Motor Accidents Claims Tribunal (in short 'the Tribunal') proceeded ex parte against the petitioner and passed an award on 22.2.2000.