CHIMANLAL RAWAL Vs. ASLAM

JUDGEMENT

(1.) THIS appeal is directed against the award dated 1-3-93 in Claim Case No. 25/90 by Second Addl. Motor Accident Claims Tribunal, Chhindwara, dismissing the claimant/appellant's petition under Section 166 of the Motor Vehicles Act, 1988, (hereinafter called the "act" for short ).

(2.) IT is now not in dispute that the claimant/appellant met with an accident on 21-9-89 by Jeep No. MP22/0119 at about 10 kms. from Village Chourai, District Chhindwara. Respondent No. 1 is the owner, respondent No. 2 was its driver and respondent No. 3 is the insurer of the of fending vehicle. As a result of the accident the claimant/appellant suffered permanent disability.

(3.) THE claim petition was filed on 22-9-90. The learned Tribunal held that the accident occurred on account of rash and negligent driving of the offending jeep by its driver-respondent No. 2. It was also held that the claimant/appellant has suffered permanent disability and would have been entitled to compensation of Rs. 70,600/- on account of injuries sustained by him. However, learned Tribunal held that the petition for claim was filed after the period of a day after the expiry of 12 months from the date of accident and was therefore, barred by time, in view of Section 166 (3) of the Act which prior to the amendment provided that the application for compensation shall be made within six months of the occurrence of the accident and that the Claims Tribunal may entertain the application after expiry of the said period of 6 months but not later than 12 months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. The Claims Tribunal was therefore, of the view that since the application could in no case be entertained beyond the period of 12 months from the date of the accident in view of the above provision, hence the application of claimant-appellant was dismissed.