UNION OF INDIA Vs. SWARN SINGH

JUDGEMENT

(1.) HAS Motor Accidents Claims Tribunal, Jammu wrongly rejected appellant's application for condonation of delay in filing the claim petition? This is the only question that falls for determination in this appeal.

(2.) A Military vehicle was damaged in an accident as a result of collision with a Civil Truck on December 28, 1986. Appellant went through its own procedural exercise for claiming compensation and at one stage referred the matter to Senior Standing Counsel, Mr. D. P. Gupta, who advised that claim petition would not lie before Motor Accidents Claims Tribunal. Not satisfied with this, the matter was placed before Additional Counsel who gave the green signal on Oct. 15, 1987. But despite this claim petition was filed on Dec. 23, 1987.

(3.) MR . Bhargava contends that liberal construction is required to be given to the expression 'sufficient cause'. According to him time taken in obtaining necessary sanction from the Army Head -Quarters was required to be condoned and Tribunal has erred by not doing so.