NARENDRA SINGH GAJRAJ SINGH BAGHEL Vs. GULAB BAI

JUDGEMENT

(1.) THIS revision has been filed against the order dated 31-7-1995, passed by Third Additional District Judge, Vidisha in M. C. C. No. 7/95.

(2.) A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed before the Accident Claims Tribunal, Vidisha. It was alleged in the application that the accident occurred on 1-5-1990, which resulted into death of one Shankarlal. Shankarlal died on 10-5-1990 on account of the accident. The claimants/non-applicants are the heirs of Shankarlal. The claim petition was filed before the trial Court under Section 166 of the Motor Vehicles Act on 8-9-1994 along with an application for condonation of delay under Section 5 of the Limitation Act. The ground alleged in the application was that the widow of the deceased lost her mental balance and children being minor the application could not be filed in time.

(3.) THE contention of the learned counsel for the applicant is that the claim petition is not maintainable in view of Section 166 (3) of the Motor Vehicles Act. Section 166 (3) of the Motor Vehicles Act provides for filing a claim petition within six months from the date of accident and the Claims Tribunal was empowered to condone the delay, which should not be beyond 12 months. The contention of the learned counsel for the applicant is that the claim petition itself was not maintainable because it was filed beyond the period of one year and the Court had no jurisdiction to entertain the application.