DHAN RAJI Vs. NEW INDIA INSURANCE CO

JUDGEMENT

(1.) Appellant No. 1 is the widow whereas appellant No. 2 is the minor son of one Ram Kishun, who met with an accident and died. The appellants made an application for compensation before the Motor Accidents Claims Tribunal, Varanasi, under the Motor Vehicles Act.

(2.) This application was made beyond the prescribed period of application and was accompanied by an application under Section 5 of the Limitation Act, 1963, for condonation of the delay. The application for condonation of delay was, however, dismissed by the Claims Tribunal and as a consequence thereof, the claim petition was also dismissed as time-barred.

(3.) The first appeal from order has been preferred against the order whereby the application under Section 5 of the Limitation Act, 1963, was dismissed.