SADA RAM Vs. SATISH ALIAS SITU MALEWARE

JUDGEMENT

(1.) APPELLANTS have challenged order dated 28-11-1996 passed by Motor accidents Claims Tribunal, Balaghat in M. A. C. T. Case No. 5/1995, by which the claim petition filed beyond the period of six months alongwith application under section 5 of the Limitation Act was considered and the Tribunal found that there is no sufficient cause for condonation of delay and rejected the application filed under Section 5 of the Limitation Act. Consequently the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'act' for short) was also dismissed.

(2.) THE appellants challenged the aforesaid order on following grounds:-

(3.) LEARNED Counsel for respondents supported the order and submitted that the cause of action arose on 23-3-1993, on which date provision of limitation was applicable and period of limitation was 6 months. Beyond this period the application was entertainable for a further period of six months provided the claimant is able to satisfy the Tribunal that there was sufficient cause in filing the belated application. Reliance is placed to Apex Court judgment in Vinod Gurudas Raikar Vs. National Insurance Co. Ltd. and others (AIR 1991 SC 2156) and submitted that this appeal may be dismissed.-