BABULAL Vs. BALKISHAN

JUDGEMENT

(1.) THIS appeal is filed by the appellant under section 173 of the Motor Vehicles Act assailing the award dated 27.3.2003 passed in Claim Case No. 232/02 by XVII, MACT, Indore, whereby the claim was dismissed as time barred.

(2.) SHRI VS. Chouhan, counsel appearing for the appellant submits that accident took place on 24.12.1988 and the claim petition was filed on 10.8.1998, which was dismissed on 27.3.2003. He further submits that after the amendment in the Motor Vehicle Act in the year 1994 the limitation which was prescribed earlier has been deleted from section 166, therefore, the dismissal of the claim as time barred is not in accordance with the provisions of law. Reliance has been placed on the judgment of apex Court passed in the matter of Dhannalal v. D.P. Vijayvargiya and others, reported in 1996 JLJ 528, wherein it was held that on account of deleting the provisions of sub section 3 of section 166, there is no limitation for filing the claim petition is in existence and the date of accident is immaterial. In view of the said decision it is argued by Shri Chouhan that dismissal of the claim petition by the claims Tribunal is without due consideration of the settled position of law. Therefore, the award passed by claims Tribunal is liable to be set aside and the matter be remitted back to the Tribunal for determination of decision in accordance with law.

(3.) AFTER having heard the counsel appearing for the parties and in view of the judgment of apex Court in the matter of Dhannalal (supra), I am of the considered view that the dismissal of the claim petition as time barred is not in accordance with law, therefore, the order impugned passed by learned Tribunal is liable to be set aside. So far as arguments with respect to the payment of interest is concerned, it cannot be dealt with at this stage, however it is open to the respondent to raise this issue before claim Tribunal at the time of determination of compensation on merit.