BAKHSHISH CHAND Vs. GIAN CHAND

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment dated 13-2-1992 passed by the Motor Accident Claims Tribunal, Hoshiarpur (for short "the Tribunal")- whereby the claim petition filed by the claimant-petitioner hasbeen dismissedbeing time barred.

(2.) The facts, in brief are that the claimant filed a claim petition under Section 110-A of the Motor Vehicles Act, 1988 (for short 1988 Act') for payment of compensation on account of the injuries sustained by him in a motor accident which took place on 3-5-1989 in area of village Beh Lakhan within the jurisdiction of Police Station Talwara. The claim petition was filed on 3-8-1991. It was pleaded that the right leg of the claimant was amputated and thus, was unable to move freely and that he had no knowledge about the limitation for filing the claim petition. It was further pleaded that Mr.V.K. Puri, Advocate had agreed to file the claim petition and had obtained his signatures on various papers. It was also advised to the claimant that the appeal can be filed within three years of the accident. It was further pleaded that the claimant was information by Mr. Puri that his brief has been handed over to some Advocate at Hoshiarpur and he would be informed through post or messenger by that Advocate. It was further pleaded that as the claimant had not received any message or letter, he came to Hoshirapur and enagaged Mr. R.S.Terkiana, Advocate who agreed to file to claim petition. Lastly, it was pleaded that the talks of compromise between the claimant as well as owner and driver of the offending vehicles were going on and, therefore, the claim petition could not be filed within time.

(3.) The claim petition was resisted by the respondents and a preliminary objection was raised that the same being barred by time was liable to be dismissed.