Vipan Jhanji and another vs Punjab State and others

Rajendra Nath Mittal, J.—This revision petition has been filed against the order of the Motor Accident Claims Tribunal dated 11th June, 1985 wherein it has been held that the application u/s 92A of the Motor Vehicles Act is barred by limitation as it was not filed within six months of the date of accident.

The leaned counsel for the petitioner has vehemently contended that no period of limitation is prescribed for an application u/s 92A in the Act and the finding of the learned Tribunal is not warranted by any provisions of law Mr. Brar, learned counsel for the respondents, has not been able to defend the present order. Admittedly the claim application u/s 110A was filed within limitation. There is no period prescribed for application u/s 92A in the Motor Vehicles Act. The application was filed shortly after the expiry of six months. Even it would not be barred by any provision of Limitation Act. Consequently I accept the revision petition with costs which are assessed at Rs. 250/-, set aside the order of the Tribunal and remand the case to it for deciding the matter on merits.