PHOOL CHAND SINGH Vs. RAM KHELAWAN

JUDGEMENT

(1.) This is claimant's appeal. It arises out of the claim petition filed under the Motor Vehicles Act. The court below by the impugned order dated 24.7.1991, has refused to condone the delay of seven months and eleven days in filing the claim petition.

(2.) The appellant filed a claim petition before the Motor Accident Claims Tribunal along with an application under Section 5 of Indian Limitation Act for condonation of delay. It was filed on the allegation that on 26.10.1988 the applicant met with an accident at G.T. Road. His right foot was injured and he was hospitalized for treatment till 1.7.1989. After discharge from the hospital the present petition was filed on 2.9.1989. The Tribunal rejected the petition as barred by time on the short ground that the appellant did not file medical certificate in support of application for condonation of delay and, as such, was not prevented by sufficient cause for not filing the claim petition within time. The Tribunal was of the view that after discharge from Adarsh Nursing Home, on 1.7.1989, the claim petition could have been filed immediately thereafter. If the appellant was unable to come to the Court he could have got filed through some body or he could have sent the same by registered post.

(3.) Heard learned counsel for the parties and perused the record.