SHAJI VARGHESE Vs. UJJWAL MAJUMDAR

JUDGEMENT

(1.) THIS appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'act') against the impugned order dated 23-12-1994 passed in M. J. C. No. 2 of 1991 by the Motor Accidents Claims Tribunal, Rajnandgaon.

(2.) THE appellant/petitioner filed a petition for claim under Section 166 of the Act on 15-9-1991 claiming compensation on account of the injuries sustained by him in a motor accident dated 1-9-1990. An application under Section 166 (4) of the Act was also filed for condonation of delay in filing the petition for claim. However, the petition for condonation of delay and consequently the petition claiming compensation have been dismissed by the impugned order as barred by limitation.

(3.) LEARNED counsel for the appellant has submitted that Section 166 (3) of the Act has been omitted by Section 53 of the Motor Vehicles (Amendment) Act, 1994 which came into force w. e. f. 14-11-1994. It has been submitted that in view of the amendment now there is no limitation for preferring petition for claim for compensation on account of the motor accident. Since the appellant's petition for compensation was pending before the Claims Tribunal after the above amendment was made effective i. e on 14-11-1994, the same should not have been dismissed as barred by limitation. Reliance in this connection has been placed on Dhannalal v. D. P. Vijayvargiya, 1997 (1) MPLJ (SC) 195 = (1996) 4 SCC 652.