PALLIYALI MUSTAFALI Vs. NECHITHODAN SUBAIR

JUDGEMENT

(1.) This appeal raises a question of limitation. A minor, represented by the guardian, is the appellant. The minor filed an application before the Motor Accidents Claims Tribunal for compensation for the injuries he sustained in a motor accident. He was represented .by his next friend/guardian. Appellant claimed Rs.50,000/- as compensation for the injuries he sustained. The claim was made on different counts.

(2.) The Tribunal, after assessing the evidence in the case, determined the compensation payable to the appellant at Rs.20,000/-. But the Tribunal dismissed the application on the ground that the application was filed beyond the statutory period allowed for filing the claim petition. Before us, there is no serious controversy as to the reasonableness of the quantum of compensation.

(3.) Counsel for the appellant submitted that the Tribunal grievously erred in holding that the application has been filed out of time and that it is barred by limitation. S.110A(3) of the Motor Vehicles Act (hereinafter referred to as 'the Act') mandates that an application for compensation arising out of an accident of the nature specified in sub-s.(1) of S.110 of the Act shall not be entertained unless it is made within six months of the occurrence of the accident. Further it is provided by the proviso that the Claims Tribunal may entertain the application after the expiry of the said period of six months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. The accident happened on 18-8-1982. The application was filed only on 20-12-1984. Obviously, the application was filed after the time allowed by S.110A 3) of the Act. Taking stock of this situation, the Tribunal thought that the application deserves to be dismissed and so the Tribunal dismissed the application.