UNITA DEBSARMA Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) This appeal was filed challenging the judgment and order passed by the Motor Accident Claims Tribunal on an application filed under Section 163A of the Motor Vehicles Act, 1988. By the impugned judgment, the application has been held to be not maintainable and was therefore, dismissed.

(2.) The claim application was filed in view of an accident taking place on December 20,2001 as a result of which the victim died. The reason for holding the claim application to be not maintainable is that Section 163A as introduced in the Motor Vehicles Act, 1988 by the Motor Vehicles (Amendment) Act, 1994 was repealed by the Repealing and Amendment Act, 2001. The aforesaid Motor Vehicles (Amendment) Act, 1994 was repealed and the said Repealing and Amending Act, 2001 received assent of the President on 3rd September, 2001 and was published in the Calcutta Gazette dated September 3,2001.

(3.) The learned Judge in the Tribunal held that by reason of the said Repealing and Amending Act, 2001 the amendment introduced in 1994 in the Motor Vehicles Act, 1988 no longer is enforceable and therefore, Section 163A thereof introduced in the year 1994 is to be treated as not available in the Statute book and therefore, present applicant under Section 163A of the Motor Vehicles Act, is not maintainable.