SWARAN KAUR Vs. NEW PYAR BUS PRIVATE LTD

JUDGEMENT

(1.) THIS judgment will also dispose of F.A.O. Nos. 441 and 403 of 1983 as all these three appeals arise out of the one judgment of the Motor Accidents Claims Tribunal dated 13th of April, 1983.

(2.) THREE claim petitions were filed arising out of a common accident which took place on 1st of September, 1981, at 7 p.m. whereby the tractor of Gian Singh claimant which was standing on the left side of the kacha portion of the road near the tube -well of Dalip Singh, was struck by bus No. PUB 3692 driven by Sital Singh coming from the side of Sangrur and the tractor was damaged and the damage was to the tune of Rs. 17,560/ -. It was alleged that Kulwant Singh suffered multiple injuries and remained under treatment from the date of accident to 23.10.1981 and again from 27.1.1982 to 20.2.1982. He claimed damages to the tune of Rs. 91,500/ -. Another injured person Swaran Kaur alleged that she too received injuries and remained in the hospital for one day. She claimed damages to the tune of Rs. 4,200/ -. The third claim petition was filed by Gian Singh claiming himself the owner of the tractor which was damaged to the tune of Rs. 17,560/ -. All the three claim petitions were filed on 6th of March, 1982. In the claim applications it was stated that the same are within time. However, in the written statement it was pleaded that the claim applications were barred by time. In the replication filed on behalf of the claimants it was again reiterated that the applications were within time. However, necessary issues were framed including the issue of limitation. The learned Tribunal found that the accident had taken place on 1st September, 1981. The limitation for moving the application for compensation is six months under Sub -section 3 of Section 110 -A of the Motor Vehicles Act. The applications having been moved on March 6, 1982 being beyond six months has to be held to be barred by time. However, findings on the other issues were also given by the learned Tribunal. According to that, the claim of Kulwant Singh injured was determined to the extent of Rs. 10,000/ - whereas that of Swaran Kaur claimant was determined at Rs. 500/ - as compensation. The claim of Gian Singh for the damages caused to the tractor was disallowed on the ground that Gian Singh failed to prove himself to be the owner of the tractor. All the three said claimants have filed these three appeals.

(3.) AS regards the appeal filed on behalf of Swaran Kaur, i.e., F.A.O. No. 440 of 1983, no meaningful argument could be raised for enhancement of the compensation. She has been found to be entitled to Rs. 500/ - as compensation by the Tribunal. In view of that finding she will be entitled to the amount of Rs. 500/ - as compensation with interest at the rate of 12 per cent per annum from the date of her application till its realisation.