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2005 Supreme(Raj) 867

S.K.KESHOTE
Asha Ram – Appellant
Versus
Hukam Raj – Respondent


Advocates Appeared:
Shri P.D. Singh for Shri Biri Singh, for the claimant Appellant.
Ms. G.S. Rathore for the non-claimant Respondent No. 4 The United India Insurance Company Ltd.
None present, for other Respondents.

Judgment

S.K. Keshote, J.-This appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the award, dated 08.01.1996, of the learned Motor Accident Claims Tribunal, Sawaimadhopur, in Civil Miscellaneous Case No. 41/1994.

2. In the motor vehicle accident took place on 27.08.1990, the claimant appellant sustained 13 injuries. He filed the claim petition before the learned Tribunal on 16.03.1994. Alongwith the claim petition he filed an application under Section 5 of the Limitation Act.

3. The learned Tribunal, under the impugned award, dismissed the claim petition of the claimant appellant only on the ground that it is barred by limitation, hence this appeal.

4. Heard learned Counsel for the parties and perused the entire record of the appeal.

5. The learned Counsel for the parties are in agreement that by Section 53 of the Motor Vehicles (Amendment) Act, 1994, Sub-section (3) of Section 166 of the Motor Vehicles Act, 1988 has been repealed; the result of the repealing of Sub-section (3) of Section 166 of the Act, 1988, is that no period of limitation is prescribed for preferring the claim petition in the motor vehicle accident cases. This amendment has been made






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