DEVKARAN Vs. SURESH KUMAR

JUDGEMENT

(1.) BEING aggrieved by the award dated 20.12.2002 passed by MACT, Indore in Claim Case No. 10/2002, whereby claim petition filed by the appellant has been dismissed, the present appeal has been filed.

(2.) SHORT facts of the case are that the appellant filed claim petition alleging that on 13.2.1991, an accident took place in which appellant sustained permanent injuries. The claim petition was registered as 10/2002. The allegations made in the petition were denied by the respondents. It was also alleged that since the accident has taken place on 13.2.1991 and claim petition is filed on 6.2.2002, therefore, the claim petition was not maintainable. It was also prayed that petition be dismissed on aecount of non maintainability. On the basis of the pleadings by the parties learned Tribunal framed the issues. Issue No. 4 was to the effect that whether the claim tiled after 11 years is not maintainable. After hearing the parties the learned Tribunal has held that claim petition has been filed after the amendment in the Motor Vehicle Act, 1994, and since the accident has taken place prior to amendment of the Act, therefore, the claim petition is not maintainable.

(3.) IN view of the law laid down by Hon'ble apex Court the appeal is allowed. The impugned order dated 20.12.2002 is hereby set aside passed in claim case No. 10/2002. Parties are directed to remain present before the Tribunal on 15.9.2005. Record of the Tribunal be sent back immediately. Learned Tribunal is directed to dispose of the case afresh of the earliest possible.