Judgment R.N.Sahay, J. 1. The Addl. Claims Tribunal dismissed the claim preferred by the appellants on the ground of limitation. Admittedly the deceased Pankaj Kumar Sahu died in a road accident on 30.11.1986. Under the Motor Vehicles Act, 1939, the claim could have been preferred within six months from the date of accident. There was provision for condoning the delay if the claim was not filed within the period prescribed in the Act. The Motor Vehicles Act, 1939, was repealed by Section 217(1) of the Motor Vehicles Act, 1988 , which came into force on 1.7.1989. The period of limitation for filing the claim petition both under the 1939 Act and the new Act is six months. In the instant case the claim petition was filed on 4.10.1989. 2. In view of the decision of the Supreme Court in Vinod Gurudas Raikar V/s. National Insurance Co. Ltd. 1991 ACJ 1060 (SC), the claim application was time-barred and since the maximum period of limitation prescribed under the new Act is one year which too had expired when the claim application was filed and there being no provision of condoning the delay the Addl. Claims Tribunal had no option but to dismiss the claim as time-barred. 3. During the pendency of this appeal Sec. 16(1)3) of the Motor Vehicles Act, 1988, has been repealed by Sec. 53 of the Motor Vehicles (Amendment) Act, 1994. The result of the amendment is that now there is no period of limitation prescribed for preferring the claim application. 4. Mr. A.K. Lal, learned Counsel for the appellant, has relied upon a decision of Rajasthan High Court in Radha Bai V/s. Suresh Pal 1995 ACJ 739 (Rajasthan), in which decision the effect of repeal of Sec. 16(1)3) of the Motor Vehicles Act on pending appeals has been considered. The learned single Judge has held that amendment referred to above has retrospective effect. The learned Judge has observed: It is settled law that for making the right or remedy claimed by the parties just and meaningful in accordance with the current realities, the court can, and in many cases must, take cognizance of events and developments subsequent to the institution of the proceeding provided the rules of fairness to both sides are scrupulously obeyed. On account of the amendment, a claimant can file a claim petition at any time. On account of the amendment, a claimant can file a claim petition at any time. The learned Judge held that since there is no period of limitation now the claimant can file a fresh claim application, hence on the same principle the pending appeal in respect of claim is dismissed on ground of limitation, should be remanded to the Claims Tribunal for fresh decision on merits. I respectfully concur with the view expressed by the learned single Judge of the Rajasthan High Court. 5 Consequently, this appeal is allowed and the award passed by the Addl. Claims Tribunal dismissing the claim application is set aside. The case is remanded to the Addl. Claims Tribunal with a direction to decide the claim on merits within a period of six months from the date of receipt of a copy of this order and the lower court record. The appellant is directed to appear before the concerned court within six weeks from today along with a copy of the order. There shall be no order as to costs.