SONMA DEVI Vs. BRANCH MANAGER ORIENTAL

JUDGEMENT

(1.) Against the order dated 18.2.1993, passed by the District Judge, Nawadah in Motor Vehicle Act Case No. 1 or 1993, whereby and whereunder the petition under Section 166(3) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), wrongly labelled as under Section 5 of the Limitation Act, 1963 filed along with the claim application under Section 166 of the Act was rejected and consequently the claim application was dismissed as barred by time, the claimants have filed this Appeal under Section 173 of the Act.

(2.) In fact the alleged accident took place on 16.4.1991 at village Orahanpur within Nawadah district and the claim application was filed on 6.1.1993 i.e. after more than two years and three & half months.

(3.) Under Section 166(3)of the Act, no application for compensation was to be entertained unless it was made within six months of the occurrence or the accident. However, under proviso thereto, the claim tribunal on being satisfied that the applicant was prevented by sufficient cause from making the application in time, in its discretion, may entertain claim application after the expiry of such period of six months, but not later than twelve months.