BHUVNESHWARI DEVI Vs. MURARI LAL

JUDGEMENT

(1.) JUDGMENT:- The appeal arises out of the rejection of a claim petition instituted under S.110-A of the Motor Vehicles Act, 1939, (hereinafter referred to as"the Act") on the ground of limitation.

(2.) The fatal accident giving rise to the claim petition occurred on April 28, 1980. The victim of the accident, who was a man aged about 28, died the next day. He left behind him a widow, five minor children and aged parents. The claim petition was instituted on June 28, 1982. An application for condonation of delay made under the proviso to S.110-A, sub-sec.(3), of the Act accompanied the petition. The'sufficient cause' pleaded for condoning the delay was as follows :

(3.) The claim petition was resisted by both the respondents the owner of the vehicle and the Insurance Company on the ground, inter alia, that it was barred by limitation. Along with other issues, the Tribunal framed an issue as to the sufficiency of cause for the condonation of delay. Evidence was led on all issues. The first appellant examined herself as a witness and, inter alia, supported her plea for the condonation of delay in the course of her statement. She was extensively cross-examined on that issue not only on behalf of the owner of the vehicle but also an behalf of the Insurance Company. All technical objections were raised including that a copy of the application was not served on the respondents.