NRUSINGHA CHARAN BAL Vs. PARAMANANDA SHARMA

JUDGEMENT

(1.) Claimant is the appellant his application for compensation having been rejected by the learned Motor Accidents Claims Tribunal on the ground that it is barred by time.

(2.) The application under S.110-A of the Motor Vehicles Act was filed claiming compensation to the tune of Rs. 50,000/- alleging that on 22-2-1983 at 10 A. M. while the claimant was passing on the Express Highway, the truck bearing registration number OSC 9025 being driven rashly and negligently came and dashed as a result of which the claimant sustained severe injuries on his waist, right leg and other parts of his body. The claimant was a student and the injury suffered by him was a handicap in consequence of which he could not attend his classes and he received mental shock and pain and was demoralised and was unable to perform his studies.

(3.) The owner as well as the Insurer appeared before the Tribunal and denied the allegations made in the claim petition. The Insurer took the plea that the application was barred by limitation.