IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 81 of 1996()
1. K.K.RAMAKRISHNA KURUP
... Petitioner
Vs
1. SUKUMARAN NAIR
... Respondent
For Petitioner :SRI.T.K.RADHAKRISHNAN
For Respondent :SRI.ALEXANDER PETER
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :20/03/2007
O R D E R
K.Padmanabhan Nair, J.
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M.F.A.No.81 of 1996
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Dated, this the 20th day of March, 2007.
Judgment
Petitioner in O.P.(MV) No. 718 of 1991 on the file of the Motor Accidents
Claims Tribunal, Pathanamthitta is the appellant. He filed the Original Petition
claiming that a vehicle belonging to him met with an accident on 22-10-1990 and
sustained damages. He filed the original petition claiming the compensation in
the year 1991. The Tribunal dismissed the application holding that it is barred by
limitation.
2. Learned counsel appearing for the appellant submits that under the
old Act, the petition for compensation is to be filed within six months from the
date of accident. It is averred that that sub-section was deleted with effect from
14-11-1994. The present petition was dismissed on 15-11-1994. It is submitted
that a Division Bench of this court in Balakrishnan v. Union of India (2001(1)
K.L.T.404) has held that the benefit of amendment can be extended to all pending
cases. In this case, the amendment was effected on 14-11-1994 and the case was
dismissed on 15-11-1994. In view of the principle laid down in Balakrishnan’s
Case (supra) the dismissal of the original petition on the ground of limitation is
unsustainable and liable to be set aside. The Tribunal has not considered any other
aspects. So the matter has go back.
M.F.A.No.81 of 1996 2
In the result, the M.F.A. is allowed. The award passed by the Tribunal
dismissing the original petition is hereby set aside. The case is remanded. The
Tribunal is directed to take O.P.(MV) No.718 of 1991 back to file and dispose of
the same afresh in accordance with law after giving a reasonable opportunity to
both sides to adduce evidence.
K.Padmanabhan Nair,
Judge.
s.
M.F.A.No.81 of 1996 3
K.Padmanabhan Nair, J.
M.F.A.No.81 of 1996
Judgment
20th March, 2007.