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1 - 10 of 28 (0.55 seconds)The Limitation Act, 1963
The Motor Vehicles Act, 1988
Section 5 in The Limitation Act, 1963 [Entire Act]
Section 7 in The Limitation Act, 1963 [Entire Act]
Vinod Gurudas Raikar vs National Insurance Co. Ltd. And Ors on 6 September, 1991
15. We have carefully considered the submissions of learned counsel appearing on either side. The decision of Supreme Court reported in Vinod Gurudas Raikar v. National Insurance Co. Ltd. , has finally settled the issue relating to the applicability of the Motor Vehicles Act, 1988, even to accidents which occurred prior to the coming into force of the 1988 Act, as long as the claim petition was filed only after the commencement of the 1988 Act. It was also held therein that in view of the stipulation contained in Section 166(3) of the 1988 Act, there is no scope for any condonation of delay of the period beyond one year of the date of the accident by having recourse to Section 5 of the Limitation Act. Therefore, the claim petition in the case before us, filed indisputably after such period of limit, is necessarily time-barred. But, to get over the hurdle of limitation, for the first time in the appeal before us a plea based upon Section 6 of the Limitation Act, as enabling the minors to claim an extended period of limitation has been made. In substance, the claim on behalf of the appellants is that during the subsistence of the minority of appellant Nos. 2 to 4 the period of limitation prescribed does not commence to run against them and the said position would help the first appellant also to maintain the claim taking advantage of the minority of the appellant Nos. 2 to 4. This plea based upon the applicability of Section 6 of the Limitation Act is made relying upon Section 29(2) of the Limitation Act, 1963.