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1995 Supreme(Raj) 693

R.S.KEJRIWAL
Shiv Bhagwan Soni – Appellant
Versus
Kesha Ram – Respondent


JUDGMENT

1. - This appeal has been directed against the Award dated 10th June, 1992 passed by Judge, Motor Accident Claims Tribunal, Jaipur City Jaipur, whereby the claim petition of the appellant was dismissed only on the ground of limitation.

2. The learned Counsel for the appellant submits that sub-section (3) of Section 166 has been deleted by Act No. 54/94 and now a claim petition can be filed at any time. No period of limitation has been prescribed. The learned Counsel for the appellant urged that the appeal should be allowed and the case be remanded back to the Tribunal to decide the claim petition on merits.

3. I agree with the submission of the learned Counsel for the appellant. This case is squarely covered by the decision of this Court dated 3rd January, 1995 in S.B. Civil Misc. Appeal No. 519/1994 : 1995 (1) T.A.C. 330 Smt. Radha Bai v. Suresh Pal and others

4. Consequently, I allow the appeal, set aside the Award dated 10th June, 1992 passed by Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur and remand the case to the said Tribunal with a direction to decide the Claim Petition on merits within a period of one year from receipt of a copy of this order.Appeal al



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