RADHA BAI Vs. SURESH PAL

JUDGEMENT

(1.) THIS Miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988, has been directed against the Award dated 4. 2. 1994, passed by Judge, Motor Accident Claims Tribunal, Ajmer, by which the claim of the appellants was rejected only on the ground that the Claim Application was filed beyond limitation.

(2.) BRIEF relevant facts of the case are that in a motor accident, which took place on 16. 3. 1999, Shri Likham Das, husband of appellant No. 1 and the father of the appellant Nos. 2 to 6 died. The appellants filed a Claim Petition on 6. 4. 1991. The learned Judge, Motor Accident Claims Tribunal, Ajmer, vide his order dated 4. 2. 1994, rejected the said application only on the ground that the same was filed beyond one year from the date of accident, and as such was not maintainable in view of Section 166 (3) of the Motor Vehicles Act, 1988. Being aggrieved with the said Award, the appellants filed the present appeal. During the pendency of appeal, sub-section (3) of Section 166 has been deleted by Act, No. 54/1994, which came into force on 14. 11. 1994. Now, in the Amended Act, there is no period prescribed for filing a claim application, meaning thereby that the claim petition can be filed even today.

(3.) CONSEQUENTLY, I allow the appeal, set-aside the Award dated 4. 2. 1994, passed by Motor Accident Claims Tribunal, Ajmer, and remand the case to the said Tribunal with a direction to decide the Claim Petition on merits within a period of one year from receipt of a copy of this order, after Notice to Surendra Pal and Ravindra Singh. The claimants and the respondent No. 3 are directed to appear before the Tribunal on 2. 2. 1995. .