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2022 Supreme(Jhk) 146

GAUTAM KUMAR CHOUDHARY
Branch Manager, United India Insurance Co. Ltd. – Appellant
Versus
Jai Gun Nisha @ Jai Gun Nisha Bibi – Respondent


Advocates Appeared:
For the Appellant : Mr. Alok Lal.
For the Respondent: Mr. Arbind Kr. Lal.

JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.

1. The Insurance Company has preferred the instant appeal against the judgment and award of compensation in M.A.C.T. Case No. 16 of 2006 under Section 166 of the Motor Vehicles Act 1988, whereby and whereunder compensation has been awarded for the death of deceased Ibrahim Ansari who died in a motor vehicle accident on 14.04.1988.

2. The appeal has been preferred mainly on the ground that as per the claimant’s case the accident took place on 14.04.1988 whereas the claim case has been filed in the year 2006 under Section 110A(3) of the Motor Vehicle Act 1939 after more than 17 years of the accident. Under the old Act there was a specific period of limitation of six months for filing the claim application and, therefore, the instant claim is hopelessly barred by limitation. As per the original provision of Section 166 of the 1988 Act there was a period of limitation of six months from the date of the accident for preferring the appeal which was completely done away with by deleting Section 166(3) of the Motor Vehicle Act 1988 w.e.f. 14.11.1994.

3. It is submitted that permitting old and stale cases to be filed was not the object of deleting the limit

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