SHANKAR DAYAL PANDEY Vs. RAMESH PRASAD

JUDGEMENT

(1.) IN a motor vehicle accident dated 8.12.1990, one Ranjit Kumar a police affected son of the sole respondent, Ramesh Prasad dashed and crushed by a tracker (CHK 2868) belonging to the appellants. Ranjit Kumar died in course of treatment.

(2.) THE Motor Vehicle Claim Case No. 15 of 1991 was filed by father of the deceased, within statutory period, as provided under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). However, a petition under Section 140 of the Act was filed on 16.12.1993 i.e., much after the expiry of the period of limitation, as provided under Section 166(3) of the Act.

(3.) IN Oriental Insurance Company Ltd. v. Mohiuddin Kureshi @ Md. Moya and Ors. (1994) 1 PLJR 79, a Division Bench of this Court held that even for the purpose of filing an application under Section 140 of the Act, period of limitation provided for under Section 166 of the Act was applicable.