IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1185 of 1992 (O&M) Date of decision:25.01.2011 Smt. Angoori ....Appellant versus Shiv Dev and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Aseem Aggarwal, Advocate, for Mr. Harsh Aggarwal, Advocate, for the appellant. None for respondents 1 and 2. Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for respondent No.3. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J.(Oral) 1. The appeal is against the dismissal of a petition on the ground of limitation. By the new Motor Vehicles Act of 1988, after the Motor Vehicles Act of 1939 was repealed, there is no period of limitation by the amendment that was brought through Section 53 of the Amendment Act 54 of 1994. It is governed by the decision of the Hon'ble Supreme Court in Dhannalal Versus D.P.Vijayvargiya and others-(1996) 4 Supreme Court Cases 652, that held that the claimant would be entitled to the benefit of the amended provision. In the said FAO No.1185 of 1992 (O&M) - 2 - judgment, the Hon'ble Supreme Court held that if the rejection of the petition on the ground of limitation under the 1939 Act had become final, amended provisions will not apply. The appeal filed before this Court is continuation of the proceeding and it has to be, therefore, taken that the order had not become final. Consequently, the claimants are entitled to prosecute the case. 2. The claim petition had been filed for death of a person and the Tribunal had not considered the merits of the claim and proceeded for a summary dismissal on the issue of limitation only. Since the petition is found to be tenable by virtue of the amended provisions of the Act of 1988, I direct that the Tribunal shall take up the case on priority basis and proceed to dispose of the case within a period of 6 months from the date of receipt of the records from this Court. 3. Registry is directed to dispatch the records to the Tribunal at Faridabad forthwith. 4. For appearance of the parties before the Tribunal at Faridabad on 22.02.2011. 5. The appeal is allowed on the above terms. (K.KANNAN) JUDGE 25.01.2011 sanjeev