LAWS(P&H)-1985-9-145

VIPAN JHANJI Vs. PUNJAB STATE

Decided On September 13, 1985
VIPAN JHANJI Appellant
V/S
PUNJAB STATE Respondents

JUDGEMENT

(1.) This revisions petition has been filed against the order of the Motor Accident Claim Tribunal dated 11th June, 1985 wherein it has been held that the application under Section 92-A of the Motor Vehicles Act is barred by limitation as it was not filed within six months of the date of accident.

(2.) The learned counsel for the petitioner has vehemently contended that no period of limitation is prescribed for an application under Section 92-A in the Act and the finding of the learned Tribunal is not warranted by any provisions of law. Mr. Brar, learned counsel for the respondents, has not been able to defend the present order. Admittedly the claim application under Section 110A was filed within limitation. There is no period prescribed for application under Section 92A in the Motor Vehicles Act. The application was filed shortly after the expiry of six months. Even it would not be barred by any provision of Limitation Act. Consequently I accept the revision petition with costs which are assessed at Rs. 250/-, set aside the order of the Tribunal and remand the case to it for deciding the matter on merits.