UNITED INDIA INSURANCE CO LTD. Vs. BHAGAT RAM

JUDGEMENT

(1.) This appeal is at the instance of United India Insurance Co. Limited challenging the award dated 28 -12 -1988 of the Motor Accident Claims Tribunal (I), Kangra Division at Dharamshala, granting compensation of Rs. 1,00,000 besides costs and interest in favour of Sh. Bhagat Ram, claimant -respondent.

(2.) M/s. Jagat Ram Amrik Chand, owner -respondent, owned truck bearing registration No. HPK 8796. This truck was insured with.. the United India Insurance Co. Ltd. It met with an accident on 4 -8 -1986 at Tundi Khad, district Kangra. The driver of the truck Sh Vijay Kumar died on the spot and Sh Bhagat Ram, who was cleaner on the truck, received grievous injuries Sh Bhagat Ram remained under treatment in various hospitals and ultimately he was declared to have 100% permanent disability.

(3.) Sh. Bhagat Ram filed claim petition MAC No. 32 of 1987 before the Motor Accident Claims Tribunal (1), Kangra at Dharamshala on 6 -10 -1987. He claimed Rs. 1, 00,000" as compensation. As his claim petition was time barred, he filed an application under section 5 of the Limitation Act for condoning the delay The sufficient cause shown in the application was that after the accident, he remained under treatment in different hospitals which was still continuing. He also stated that for some time he remained under mental shock and was not in a fit state of mind to file his claim petition within limitation,