LAWS(ALL)-1971-4-7

KOMAL CHARAN Vs. STATE OF UTTAR PRADESH

Decided On April 30, 1971
KOMAL CHARAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THE ap pellant was in 14th April, 1967, involved in an accident with a jeep car belonging to the State Government. On 25th September, 1967, he instituted a claim petition under Section 110-A. The Motor Vehicles Act, for compensation for the injuries received by him at the accident. The respondents contested the claim on various grounds. One of the pleas was of limitation. The District Judge, Bareil-ly, acting as the Claims Tribunal, fram ed a preliminary issue on the question of limitation.

(2.) THE prescribed period of limi tation for a claim petition at the relevant time was, 60 days from the date of the accident. The appellant moved an ap plication supported by an affidavit for condonation of the delay. The tribunal below held that the claim petition was filed admittedly beyond time and the explanation for the delay was not suffi cient. It rejected the application for condoning the delay; and, consequently, it rejected the claim petition also. Aggrieved, the claimant has come to this Court in apoeal.

(3.) SECTION 110-D provides for ap peals. It says: