STATE OF RAJASTHAN Vs. SALMA KHAN

JUDGEMENT

(1.) HEARD Mr. Akbar Khan for the appellants.

(2.) THIS Special Appeal is preferred by the State of Rajasthan against the judgment dated 3. 5. 2000 passed by the learned Single Judge dismissing the Civil Misc. Appeal No. 649/1992 filed by the appellants for setting aside the judgment and award of the Motor Accident Claims Tribunal, Ajmer (hereinafter referred to as `the Tribunal') dated 10. 9. 1992 passed in Claim Petition No. 16/1992 filed by the respondents 1 to 5 herein.

(3.) IN sofar as the limitation is concerned, Mr. Akbar Khan, learned counsel for the appellants submitted that the claim petition was beyond the period of months as prescribed under the provisions of the Old Act and under Sec. 110 (A) (3) of the Old Act, the delay cannot be condoned since the delay has not been properly explained. We are unable to accept the said submission. Sec. 166 of the new Act deals with the application for compensation. Sub-section (3) of Sec. 166 of the new Act reads as follows: " (3) No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident. Provided that the Claims Tribunal may entertain the application after the expiry of the said period of six months but not later than twelve months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. "