THE NATIONAL INSURANCE COMPANY LTD. Vs. SMT. HAZRA KHATOON & ORS.
LAWS(CAL)-1996-5-20
HIGH COURT OF CALCUTTA
Decided on May 06,1996

The National Insurance Company Ltd. Appellant
VERSUS
Smt. Hazra Khatoon And Ors. Respondents

JUDGEMENT

Debi Prasad Sirkar, J. - (1.)The matter was taken up on 30 4.1996 The opposite party was absent. The petitioner was present through learned Advocate.
(2.)The contention of the petitioner is that the claim petition having been filed beyond the maximum period of one year as provided under section 166(3) of Motor Vehicles Act, 1988 section 6 of the Limitation Act has no application and as such the order passed by M AC. Tribunal, Siliguri in M.A.C. Case No. 55 of 1991 that the claim although barred against the major applicant, the wife of the victim, the same is maintainable in favour of minor children of the deceased is illegal and erroneous. The learned Advocate for the petitioner the National Insurance Co. Ltd., has dwelt upon at length in the merit of his application and in support of that he has submitted a good number of rulings as reported in AIR 1990 SC 2205, AIR 1995 Allahabad 1, AIR 1992 Gujarat 122, AIR 1991 SC 2156, AIR 1933 Calcutta 509, ILR Calcutta Vol. LV1 page 1117.
(3.)At the same time the learned Advocate for the petitioner has informed me that as no stay order was ever granted by this Court, and the learned M. A. C. Tribunal has already disposed of the matter in full and award has been made as he deemed fit and proper.
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