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1996 Supreme(Mad) 1210

A.R.LAKSHMANAN
The New India Assurance Company Ltd. , Nagercoil. – Appellant
Versus
C. Padma and Another – Respondent


Advocates:
Mr. R. Vedantham, Advocate for Petitioner.

Judgment :

1. Heard Mr.R.Vedantham, learned counsel for the revision petitioner/insurance company.

2. The revision is directed against the order passed by the Motor Accident Claims Tribunal/Principal District Judge. Tirunelveli. in M.C.O.P.GL.No.7455 of 1995 (Unnumbered M.C.O.P.) dated 7. 1996. whereby the Tribunal has entertained the claim petition filed by the 1st respondent/claimant on 11. 1995, seeking compensation for the injuries sustained by the claimant in an accident that took place on 12. 1989. The Tribunal entertained the claim petition on 11. 1995. the accident took place on 12. 1989 i.e., prior to the coming into force of the amended Motor Vehicles Act (Act 59 of 1988), which came into force with effect from 7. 1989. The Tribunal over-ruled the objection raised by the insurance company that the claim petition was wholly barred by limitation inasmuch as the claim petition has been filed only on 11. 1995 in respect of the accident that took place on 12. 1989, i.e., nearly after six years and ten months from the date of the accident.

3. It is useful to extract the order of the Tribunal, which is impugned in this revision. It runs as follows :-

"The counsel for the clai























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