NARENDRA SINGH Vs. GULAB BAI

JUDGEMENT

(1.) THIS revision has been filed against the order dated 31.7.1995, passed by Third Additional District Judge, Vidisha in M.C.C. No. 7/95.

(2.) A claim petition under section 166 of the Motor Vehicles Act, 1988 was filed before the Accident Claims Tribunal, Vidisha. It was alleged in the application that the accident occurred on 1.5.1990, which resulted into death of one Shankarlal. Shankarlal died on 10.5.90 on account of the accident. The claimants/non -applicants are the heirs of Shankarlal. The claim petition was filed before the trial Court under section 166 of the Motor Vehicles Act on 8.9.94 alongwith an application for condonation of delay under section 5 of the Limitation Act. The ground alleged in the application was that the widow of the deceased lost her mental balance and children being minor the application could not be filed in time.

(3.) LEARNED counsel for the non -applicants/claimants submitted that vide Amendment Act No. 54 of Motor Vehicles (Amendment) Act, 1994 (hereinafter referred to as the 'Amendment Act'), sub -section (3) of section 166 has been deleted. Therefore, no period of limitation is prescribed for filing an application. The claim petition has rightly been held to be in time.