The period of limitation of six months prescribed under sub-section (3) of section 110A of the Motor Vehicles Act, 1939, applies to an application claiming compensation based on 'no-fault liability' under section 92A of the Act.

Rama Jois, J.—These two appeals are presented by the United India Insurance Company Limited against the same interim award made by the Motor Accidents claim Tribunal, Bangalore rural District.

2. They have come up for orders. By consent of both counsel, they are taken up for final hearing and are being disposed of by this order.

3. In these two appeals, the following important question of law arises for consideration, namely :

"whether the period of limitation of six months prescribed under sub- section (3) of section 110A of the Motor vehicles Act, 1939 (Rs.the Act' for short), applies to an application claiming compensation based on no fault liability' under section 92A of the Act also?"

4. The brief facts of the case are these :

The accident which gave rise to the claim petitions occurred on May 10,1988 Two claim petitions under section 110A of the Motor Vehicles Act, 1939 ("the Act" for short)' claiming compensation for the death of the deceased person, who was the husband of the respondent in M. A. No. 1506 of 1989 were presented claiming compensation for the death of the deceased on the basis of fault . They were presented on November 15, 1988. Along with those claim petitions, the respondents also filed tow applications claiming compensation of Rs. 15,000 on the basis of "no-fault liability" as provided under section 92A of the Act. the Tribunal took up for consideration of the claim based on "no-fault liability" under section 92A of the Act. Two objections were raised on behalf of the appellants to the said claim. they were : (1) According to sub-section (3) of section 10A of the Act, the application should have been presented within six months from the date of the accident. there was a delay of five days in filling the objection petitions and, therefore, unless the delay in filling the petitions was condoned, no compensation could be awarded on the said applications; (2) At the time of the accident, the vehicle, bearing registration No. ADC 437, was standing on the left side of the road and the deceased person, who was driving the vehicle, bearing registration No. MEL 7004, in a rash and negligent manner dashed against the stationary vehicle and, therefore, the insurance company was not liable to pay compensation, wither on the ground of "fault" or on the basis of "no fault", as the vehicle, bearing No. ADC 437, which was insured with the appellant- insurance company, was not in use at the time of the accident, in that it was not a moving vehicle.

5. As far as the first question is concerned, the Tribunal proceeded on the basis that there was no period of limitation fixed under the Act for making an application claiming compensation under section 92A of the Act and, therefore, the objection of the appellants that the claim application was barred by time was untenable.

6. As far as the second question is concerned, the plea of the claimants had been that the vehicle, bearing No. ADC 437, was also being drives rashly and negligently at the time of the accident, the Tribunal considered the plea of both the parties and held that the accident was admitted. the existence of insurance was not disputed and the deceased, who was driving the vehicle, bearing No. ADC 437, was a third party and, therefore, the insurance company was liable to pay compensation under section 92A of the Act. Questioning the correctness of the findings recorded by the Tribunal on both the issues, the insurance company has presented these appeals.

7. With reference to the first question, learned counsel for the appellants submitted as follows :

Under the provisions of the Act, as they originally stood, i. e., prior to the introduction of chapter VII-A, the jurisdiction of the Claims Tribunal for awarding compensation in respect of death or bodily injury to persons or damage to property arising out of a motor accident, was conferred under section 10 of the Act. The procedure for filling as application before the Claims Tribunal constituted under