T MARTIBAI Vs. KAMAL PURI

JUDGEMENT

(1.) THE appellant-claimant has filed this appeal under Section 110-D of the Motor Vehicles Act, 1939, against the award dated 13. 11. 1987 passed by Motor Accidents Claims Tribunal, Vidisha, in Misc. Civil Appeal No. 7 of 1986, whereby the application of the appellant-claimant, for compensation, was rejected as barred by time.

(2.) THE accident occurred on 27. 11. 1984 while the application for compensation was filed on 1. 7. 1986. The period for filing of the application for compensation under Section 110-A is six months. However, power has been given to the Tribunal under proviso to Sub-section (3) of Section 110-A to condone delay, if sufficient cause is made out.

(3.) THE appellant-claimant, in her application under Section 5 of the Limitation Act to condone the delay, assigned the reason that the claimant is a widow of the deceased and is a rural rustic and was not aware whether any application could be filed to claim compensation for the death of her husband arising out of the motor accident. Besides, she was helpless having no money to spend. Nobody guided her to file the application in time. The application was opposed. The Tribunal, having found that no sufficient cause has been made out to condone the delay, had dismissed the application. Hence, this appeal.