BADRI SINGH Vs. ASHOK KUMAR GUPTA

JUDGEMENT

(1.) THIS appeal is by the claimants.

(2.) CLAIMANTS suffered an accident on 22.10.1998 at about 9 in the night and after the accident, claim petition could not be filed within time and it was filed on 29.3.1993 and the claim petition was barred by 4-1/2 years. Application under section 5 of the Limitation Act was filed by the claimants and this application was opposed. Claims Tribunal held that there was no sufficient cause in condoning delay and dismissed the claim petition as barred by limitation and awarded Rs. 25,000/- towards no fault liability.

(3.) IN our opinion, claims Tribunal erred in rejecting the application for condonation of delay. On account of misconduct of counsel engaged by the claimants, the claimants cannot be made to suffer. Therefore, we find that there is sufficient cause in not filing the application in time. Delay in filing the application is condoned and case is remitted back to the claims Tribunal for its decision on merits. Since the accident occurred under the Old Act, Tribunal erred in holding that it has no jurisdiction to condone delay under the new Act and the Claims Tribunal lost sight of the fact that the accident relates to Motor Vehicles Act of 1939 and he has decided the case considering the provisions of Motor Vehicles Act, 1988. Therefore, order passed by the Claims Tribunal is set aside.