ROMESH CHANDER Vs. SUMER SINGH ALIAS KEHAR SINGH

JUDGEMENT

(1.) ROMESH Chand has filed this appeal against the order of Motor Accident Claims Tribunal, Hoshiarpur, dated August 4, 1971.

(2.) THE facts giving rise to this appeal are that on 3rd July, 1969 Romesh Chander Singh, appellant, was returning to Dasuya from Mukerian on a motorcycle. Om Parkash was also travelling with him and was sitting on the rear seat of the motorcycle. When they reached the Bus Stop, Gurdaspur, Om Parkash got down while Romesh Chander Singh, appellant went towards the railway station to collect the insurance premium from Murari Lal, Station Master. On his way, he met with an accident with a car which was coming from Dasuya side at a high speed. It is alleged that the car struck against the motorcycle of Romesh Chander Singh as a result of which he fell down and became unconscious. He sustained injuries and his motorcycle was also damaged. The occurrence was witnessed by Chhuhar Singh and others. The appellant was removed to the railway station and from there to his house at Dasuya. On the next day, he was admitted in the Civil Hospital Hoshiarpur, where he remained as an indoor patient upto July 18, 1969, and thereafter he got treatment as an outdoor petient upto December 1, 1969. The appellant filed his claim application on December 30, 1969, against the respondents for Rs. 25,000/ - on account of injuries he suffered. The respondents resisted the claim application and a preliminary issue was framed whether the claim application was time barred. The learned Motor Accidents Claim Tribunal, Hoshiarpur (hereinafter referred to as the Tribunal), after going into the merits of the case, dismissed the application on the ground that it was time barred. It is against this order of the Tribunal that the appellant has come up in appeal.

(3.) FOR the reasons recorded above, I allow this appeal and set aside the impugned order of the Tribunal dated August 4, 1971, and the Tribunal is directed to proceed with the case according to law. The parties are directed to appear before the Tribunal on August 29, 1977. In this appeal, respondents 1 and 3 are represented. The Tribunal shall issue notice to unrepresented respondent. No costs. Appeal allowed.