(1.) APPELLANT Kehar Singh was serving as Reader to Shri I.P. Vasisht, Judicial Magistrate 1st Class, Jagadhri when on 2nd September, 1970, he met with an accident with truck No. HRA 5546, which was owned by Om Pal Singh and Jag -dish Pal Singh and was insured with Ruby General Insurance Company. At the time of the accident it was driven by Sukhdev Singh. The appellant sustained injuries in the said accident and claimed Rs. 55,000/ -by way of damages in his application dated 23rd April, 1971. The Tribunal dismissed the application as time barred and consequently disallowed the claim vide his order dated 11th November, 1971. Present appeal is directed against this order.
(2.) THE accident had taken place at 6.45 P.M. and the appellant was admitted to Civil Hospital Jagadhri, on the same date at about 8 00 P.M. He was medically examined by Dr. B.R. Sood, P.W. 2. on the request of the police and he found on his person the following injuries : - -
(3.) THE right clavical bone, left tibia and fibula were found fractured and were pat under plaster. He remained in the Hospital till 18th September, 1970. Plaster was removed after 1 1/2 months of its application. The appellant was advised rest from time to time after a check up of his bones. The appellant got his leave extended from time to time and was on leave upto 30th June, 1971. His every application but one for extension of leave was accompanied by a medical certificate. The application dated 22nd February, 1971, seeking extension of leave from 1st March, 1971 to 30th April, 1971, was the one which was not accompanied by a medical certificate but the subsequent application, which was the last one, dated 17th April, 1971, was accompanied by the following certificate :