GIRDHARI LAL Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS appeal arises out of the rejection of a claim petition instituted under Section 110-A of the Motor Vehicles Act, 1939, on the ground of limitation.

(2.) THE claimant filed a petition for compensation of Rs. 40,000/- against the respondents on the ground that he suffered injuries on account of rash and negligent driving of respondent No. 1 and remained admitted in the hospital for a pretty long time. The accident took place on 5. 6. 1983 whereas the petition seeking compensation was filed on 18. 5. 1984. The reasons given for late submission of the claim petition as per para 22 of the claim petition are as under: The petitioner got injured on 5. 6. 1983 and was admitted in the General Hospital, Narnaul, as an indoor patient that very day. The petitioner was discharged on 20. 6. 1983 but was instructed and directed to take bed-rest as he had been given plaster bandage. The petitioner is bedridden. It was only on 18. 5. 1984 that the petitioner was brought to the court of Addl. C. J. M. , Narnaul, to make a statement in criminal case State v. Radhey Shyam about the said accident. On being brought to the court, the petitioner contacted Mr. Hari Mohan, Advocate, Narnaul and asked as to whether the petitioner will get compensation for the injuries in the said criminal case whereupon he was told by the said lawyer that a separate claim petition for compensation will have to be filed before the Motor Accidents Claims Tribunal, Narnaul. Since the petitioner was not able to move about and was not aware that the claim can be filed, the petitioner is filing the petition today without any unnecessary or mala fide delay. As such the delay is liable to be condoned.

(3.) NOTICE was issued by the Tribunal to the respondents who put in appearance and filed the written statement challenging the maintainability of the petition as well as denied that the accident occurred on account of rash and negligent driving of Radhey Shyam, respondent No. 1.