AITA MAYA GURUNG Vs. RATNA KUMAR PRADHAN

JUDGEMENT

(1.) The Motor Accidents Claims Tribunal, West Sikkim, at Gyalshing (for short, "Learned Claims Tribunal"), settled three issues for determination in MACT Case No.06 of 2019 (Smt. Aita Maya Gurung and Others vs. Shri Ratna Kumar Pradhan and Others), in a Claim Petition filed by the Appellants, seeking compensation of Rs.29,34,800.00 (Rupees twenty nine lakhs, thirty four thousand and eighty) only, on account of the death of Ratna Man Gurung, husband of Appellants No.1 and 2 and father of Appellants No.3 and 4;

(2.) While deciding issue no.1, the Learned Claims Tribunal concluded that the deceased was earning Rs.23,975.00 (Rupees twenty three thousand, nine hundred and seventy five) only, at the time of accident. However, with regard to the second part of the issue, as to whether the Claimants are entitled to the compensation claimed, it was observed that the matter being similar to issue no.3, would be dealt along with that issue.

(3.) Learned Counsel for the Appellants-Claimants assails only this finding of the Learned Claims Tribunal, on grounds that the accident took place on 17/9/2010, whereas the amendment was inserted on 9/8/2019 and vide the Notification dated 25-02- 2022 of the Ministry of Road Transport and Highways, the 1st day of April, 2022, was the appointed date by the Central Government on which the amendment, viz., Sec. 166(3) of the M. V. Act, 1988, would come into force. That, as the amendment was not enforced on the date of accident or for that matter even on the date of Judgment, the findings of the Learned Claims Tribunal on the issue of limitation is erroneous and hence, be set aside.