NANKU Vs. JANARDAN PRASAD

JUDGEMENT

(1.) This is an appeal filed under section 110-D of the Motor Vehicles Act, 1939 against the order dated 5.11.1979 passed by the District Judge, Allahabad by which the application for condonation of delay has been rejected.

(2.) Brief facts of the case are that the appellant had filed a claim petition on 13.12.1978 under 'the Act' on the ground that on 14.12.1977 at about 4.45 p.m. on G.T. Road, Police Station, Handia, District Allahabad, he was severely injured in the accident caused by the minibus No. USS 1534 by rash and negligent driving. The limitation for filing the claim petition was six months from the date of accident under section 110-A of the Act. Since the claim petition was filed beyond the period of limitation, an application for the condonation of delay was filed along with an affidavit. In the affidavit it was explained that the applicant was confined to bed and there was no male member in the family to look after the work for filing of the claim petition and the applicant being illiterate could not file the claim petition within the statutory time prescribed under section 110-A of Motor Vehicles Act. The learned District Judge vide order dated 5.11.1979 rejected the application for condonation of delay on the ground that there was no medical certificate or copy of the injury report from which it could be said that the illness was of such magnitude as to prevent the applicant from filing a claim within the presentation period of limitation. Being aggrieved by the order, the present appeal has been filed.

(3.) Heard Mr. Savr Singh, Advocate holding brief of Mr. A.L. Jaiswal, learned counsel for the appellant. Despite of list being revised no one appears on behalf of the respondent.