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2004 DIGILAW 90 (RAJ)

National Insurance v. Judge, Mact, Udaipur

2004-01-20

O.P.BISHNOI, RAJESH BALIA

body2004
JUDGMENT 1. - Having regard learned counsel for the appellant, we are of the opinion that there is no merit in this appeal. 2. The claim petition filed by respondents N. 2 and 3 in 1995 has been admitted by the Tribunal in view of the provisions of Motor Vehicles Act as existed at the time of filing claim petition, after amendment made in 1994 which provide no period of limitation for filing the claim. The amended provisions of the Motor Vehicles Act has been interpreted by the Supreme Court in Dhannalal v. D.P. Vijayvargiya, (1996) 4 SCC 652 and reiterated in the New India Assurance Co. Ltd. v. C. Padma & Anr., 2003(2) WLC (SC) 582 that w.e.f. 14.11.1994 there is no limitation for filing the claim before the Tribunal in respect of any accident including accident that has occurred prior to that date. 3. The appeal relates to only admission of the claim which is yet to be adjudicated by the Tribunal. The appeal fails and is hereby dismissed. *******