(1.) THIS first appeal filed by Chandra Datt is directed against the order of the Motor Accidents Claims Tribunal, Delhi, by which the application of the Appellant for compensation was dismissed as time barred.
(2.) THE brief facts of the case are that the Appellant filed an application under Section 110 -A of the Motor Vehicles Act, 1939, for the recovery of Rs. 41,360/ - as compensation for the injuries sustained by him on 26th May 1958 when he was knocked down by motor car No. D.L.A. 7725 belonging to Amar Nath Jolly, Respondent No. 1, and driven by Govardhan Kumar, Respondent No. 2, who is son of Respondent No. 1. The Premier Life Assurance and General Insurance Company Limited was impleaded as Respondent No. 3 as the car had been insured with that Company. The application was filed on 27th November 1958.
(3.) FOLLOWING preliminary issue was framed by the Tribunal: