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2008 Supreme(Raj) 1772

K.S.RATHORE
General Manager, Rajasthan State Road Transport Corpn. – Appellant
Versus
Angoori (Mst. ) – Respondent


Advocates:
For the Appellant:Virendra Agarwal, Advocate.
For the Respondents:N.C. Sharma, Advocate.

JUDGMENT

1. - The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is preferred by the appellant Rajasthan State Road Transport Corporation (for short 'the Corporation') against the impugned judgment/Award dated 07.05.1998 passed by the Motor Accident Claims Tribunal, Bharatpur (for short 'the Tribunal') in Claim Case No. 93/96, whereby an amount of Rs. 83,800/- has been awarded in favour of the claimants/respondents Nos. 1 to 3 as compensation.

2. The main challenge to the impugned Award by the appellant Corporation is on the ground that the accident took place way back on 19.06.1982, whereas the claim petition has been filed by the claimants/respondents on 18.04.1996 i.e. after an inordinate delay of about 14 years and thus, it is hopelessly barred by limitation and as such, the claim petition liable to be dismissed only on this count alone.

3. In support of his submissions, learned counsel for the appellant Corporation has placed reliance on the judgment rendered by the Kerala High Court in the case of Biju K. Francis v. Kerala State Road Transport Corporation, reported in 2005 (2) T.A.C. 54 (Ker.) , wherein the Kerala High Court has held that 'Motor Ve











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