K M MATHEW Vs. M MURUKANANDAN

JUDGEMENT

(1.) S.166 of the Motor Vehicles Act 1988 prescribes the period of six months and imposes restriction on the entertainment of an application if not made within the said period of six months. This is with a proviso that the tribunal may entertain after the said period of expiry of six months but at any rate not later than 12 months and that too on the satisfaction that the applicant was prevented by sufficient cause from making the application in time.

(2.) The present appeal is against the impugned order dated September 17, 1993 of the Tribunal throwing out the application itself holding that it was not filed within a period of 12 months, either within the period of limitation or within the extra period provided by the proviso. The short and relevant facts are that the accident occurred on March 18, 1992 and as held by the tribunal the petition for compensation along with the application for condonation of delay was filed on March 19, 1993 as per the endorsement on the application, By the impugned order, the tribunal held that even excluding the date of accident the filing of the petition on March 19, 1993 would not be covered by the proviso to S.166(3) of the Motor Vehicles Act, 1988. The petition for condonation of delay is dismissed and as a consequence thereto the application for compensation is also thrown out.

(3.) We have to consider as to whether the application could be stated to have been filed on March 19, 1993 or on the earlier day on March 18, 1993. If it is held that the application was filed on March 18, 1993 there is no dispute that the proviso to S.166(3) of the Act would apply and the petition for condonation of delay could be considered on its own merits. In support of the appeal an affidavit of the clerk (M. B. Sreekumar) of the learned Advocate appearing for the appellant/ applicant before the tribunal is filed on our record.