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2000 Supreme(Ker) 317

G.SASIDHARAN
Pradeep Kumar – Appellant
Versus
Kesavan Kutty Nair – Respondent


Judgment :-

G. Sasidharan, J.

Petitioner suffered injuries in a road traffic accident which took place on 29.8.1987. Petition claiming compensation was filed in the Motor Accidents Claims Tribunal, Trivandrum on 23.8.1990. Along with the claim petition, LA. 486of 1990 was filed for condoning the delay of 2 years 5 months and 24 days in filing the claim petition. The Motor Accidents Claims Tribunal dismissed the application on finding that as per S.166(3) of the Motor Vehicles Act of 1988 the Tribunal had no power to condone the delay beyond a period of one year. Ext. P3 is the copy of the order of the Motor Accidents Claims Tribunal, in the inter locutory application which is under challenge.

2. On 14.11.1994 sub-cl. (3) of S.166 of the Motor Vehicles Act, 1988 was omitted. The question which arises for consideration is the effect of deletion of sub-cl. (3) of S.166 from the Motor Vehicles Act of 1988. At the time when Ext. P3 order was made, the above sub-clause was there in the Act and the Motor Accidents Claims Tribunal dismissed the application for condoning the delay in the light of what is stated in the above sub-clause of S.166 of the Motor Vehicles Act.

3. In Vinod Gurudas v.


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