Bhogiram vs Eshan Khan and Others

The learned Third Addl. Claims Tribunal, Gwalior in Claim Case No. 86/1994 by impugned Award dated 8.2.1996, has dismissed the claim of the appellant on the ground of limitation alone.

It is not disputed that the incident took place on 18.1.1991 and the claim was filed on 23.8.1991. Although, in claim petition it was mentioned that the claim is within limitation, however a separate application under proviso to Sub-section (3) of Section 166 of Motor Vehicles Act was filed. However, it seems that the learned Claims Tribunal while rejecting the claim as time-barred, did not consider the amendment in Motor Vehicles Act, which came into force w.e.f. 14.11.1994, much before the claim was decided.

The Hon''ble Apex Court in case of Dhannalal Vs. D.P. Vijayvargiya and Others, dealing with the effect of amendment on pending cases has observed that from the Amending Act, it does not appear that the said Sub-section (3), has been deleted retrospectively. But at the same time, there is nothing in the Amending Act to show that benefit of deletion of Sub-section (3) of Section 166 is not to be extended to pending claim petitions where a plea of limitation has been raised. It was further observed that the deletion of Sub-section (3) from Section 166 should be given full effect so that the object of deletion of said section by the Parliament is not defeated. It was also held that the period of limitation having been deleted the claim petition, which has been filed and is being pursued, cannot be thrown out on the ground of limitation.

Taking into consideration the implications arising in the aforesaid decision of the Apex Court, the appeal is allowed and the impugned award is set aside. It is directed that the learned Claims Tribunal shall decide the application on merits, after issuing notice to the parties, treating it to be within limitation.