NATIONAL INSURANCE CO LTD Vs. KRIPA SINDHU NAYAK

JUDGEMENT

(1.) Mr. K.K. Das, learned advocate appearing on behalf of the appellant insurance company undertakes to deposit all the amounts pursuant to the order of this court dated 21.6.2005. [CAN Application Nos. 4001 and 4002 of 2005]. Upon such assurance this appeal is taken up for disposal in presence of the learned advocates for the parties.

(2.) Mr. Das in support of this appeal raised preliminary point as to the maintainability of the application under section 166 of the Motor Vehicles Act, 1988, on the ground that the accident having occurred on 11.11.1989, the learned Claims Tribunal did not have the jurisdiction to entertain such application as the said Act did not come into force on the date of the said accident. In support of such contention Mr. Das referred to the provisions of subsection (3) of section 1 whereby the State Government was vested with the power to enforce the aforesaid Act in this State from a date different from the date on which the Act came into force, i.e., 1.7.1989. No gazette notification has been produced by Mr. Das to show that the State Government fixed a date different from 1.7.1989 for the enforcement of the said Act in this State. On the contrary, Mr. Das has produced the gazette notification dated 16.9.1989 for publication of West Bengal Motor Vehicles Rules, 1989, which were framed in exercise of power conferred by sections 28, 38, 65, 96, 107, 111, 138, 159 and 176 read with section 211 of Motor Vehicles Act, 1988. Mr. Das has accordingly submitted that 16.12.1998 is the date on which the said Act came into force in this State.

(3.) This contention is absolutely absurd. Such gazette notification of the aforesaid rules were made pursuant to the provisions of sub-section (1) of section 212 of the Act. Unless the said Act came into force prior to the aforesaid notification, the State Government did not have the occasion to exercise the rule making power. The said rule making power was exercised by the State Government after the Act came into force on 1.7.1989. The State Government in exercise of the power under sub-section (3) of section 1 of the said Act did never specify any date other than 1.7.1989 for enforcement of the said Act in this State. Such publication of the aforesaid Rules is indicative of the fact that the aforesaid Act also became operative in this State with effect from 1.7.1989.