JASMEL KAUR Vs. KULWINDER SINGH AND ORS

JUDGEMENT

(1.) The present appeal has been filed by the legal heirs of Jasbir Singh, who lost his life in a motor vehicular accident that occurred on 26.01.1992. In the said accident, truck bearing Registration No.RNJ 3777 was involved. Claim petition under the Motor Vehicles Act, 1988 (for short "the Act") was filed on 12.06.1992. The said claim petition was dismissed being time barred vide award dated 12.01.2000 passed by Motor Accident Claims Tribunal, Patiala (for short "the Tribunal"). Aggrieved of the said dismissal, the present appeal has been filed.

(2.) Learned counsel for the appellant argued that the Tribunal erred in dismissing claim petition as time barred. He contended that the limitation under the Act was done away in the year 1994 and, hence, there was no limitation to move the claim petition.

(3.) Learned counsel for the Insurance Company argued that there was a limitation of six months under Section 166 (3) of the Act at the time when the accident took place and the claim petition was to be filed within the period prescribed.