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Report No. 85

Chapter 16-Jurisdiction and limitation: sections 110F and 110A(3)

(17) In section 110F, an Explanation should be added to provide that the Claims Tribunal, once constituted, shall have jurisdiction even if the accident occurred before its constitution. But pending proceedings shall not be affected.1

(18) In section 110A(3), a further proviso should be inserted to provide that where the accident occurred before the date of constitution of the Claims Tribunal, the period of limitation (six months) specified in this sub section, shall be computed from the date of constitution of the Claims Tribunal, unless a suit for damages or compensation for the accident has already become barred under the law of limitation2 for the time being in force.

1. Para. 16.8.

2. Para. 16.10.

P.V. Dixit,
Chairman.

S.N. Shankar,
Members.

Gangeshwar Prasad,
Members.

P.M. Bakshi,
Member-Secretary.

New Delhi,

Dated: 27th May, 1980.



Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back




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