WILFRED Vs. N A MANIYAR

JUDGEMENT

(1.) a short question arises for consideration in this appeal. An accident took place on 10-1-1988 involving two k.s.r.t.c. buses. A claim petition was preferred on 10-7-1989 claiming compensation for the personal injuries sustained after the Motor Vehicles Act, 1988 came into force on 1-7-1989. Section 166(3) provided that no application for compensation may be entertained by the tribunal after 6 months of the occurrence of the accident. The proviso further provided that an application may be entertained after six months if the claimant showed sufficient cause for the delay, but even such an application cannot be entertained after the lapse of twelve months.

(2.) in this case, the accident as stated above took place on 10-1-1988. The claimant was sandwiched between two k.s.r.t.c.buses, resulting in his ribs being fractured. The claimant claimed compensation to the tune of Rs. 75,000/- under various heads. The respondent denied the accident and disputed the claim.

(3.) the tribunal after evidence held that the accident was aresult of rash and negligent driving of the buses in question. It assessed the compensation payable at Rs. 21,400/- (wrongly stated as Rs. 20,400/-) together with interest at 9%. But, it held that the claim petition is barred by limitation. On this view the claim petition was dismissed. The claimant has come up in appeal.