NEW INDIA ASSURANCE CO. LTD Vs. GURUBARI

JUDGEMENT

(1.) Present civil revision has been filed under Section 115(1) of the Code of Civil Procedure being aggrieved and dissatisfied with the order dated 10.8.2005 passed by 2nd Additional District Judge-cum-MVACT, Jamshedpur in MJC Case No. 163 of 2004, whereby the learned Tribunal has rejected the preliminary objection raised by the petitioner with regard to the maintain-ability of the claim application on the ground that the claim application has been fifed after a delay of about 11 years.

(2.) Learned counsel for the petitioner submitted that the learned court-below has failed to appreciate that though the limitation is not prescribed in the Act, the petition is required to be filed within reasonable time. It is further submitted that the learned court-below has wrongly applied the principles in deciding the issue with regard to the maintainability with-out taking into consideration that sub-section(3) of Section 166 of the Motor Vehicles Act has been omitted in the year 1994, whereas accident took place in the year 1993 and that the period of limitation in filing the application was specified in the Act. It is further submitted that the claims tribunal has ignored the basic principles of Limitation Act and the claim application was not maintainable in view of Article-44 of the Limitation Act.

(3.) Learned counsel for the petitioner has referred to and relied upon the decision rendered in the case of Sita Devi and another v. Shailendra Kumar Sinha and another,2007 2 JLJR 44 and submitted that this Court while dealing with the said case recorded its findings in para-12 that claim application after ten years from the date of death and that too, in the manner not provided in the rule, is not maintainable. It is submitted that in view of the said decision, the claim is required to be put forward during reasonable time. There cannot be indefinite period for filing the claim application i.e., the intention of the legislation.