LALI DEVI Vs. HANUMAN

JUDGEMENT

(1.) The appellant-claimant Lali Devi has preferred this appeal against the award dated 31.3.1992, whereby Motor Accidents Claims Tribunal, Jaipur City, Jaipur, dismissed the Claim Petition No. 895 of 1991, treating it to be beyond prescribed period of limitation.

(2.) The relevant facts in brief are that the claimants-wife, mother and father of the deceased Bhagwan Sahai, filed a claim petition on 26.7.1991, claiming a sum of Rs. 20,15,000 with the averments that Bhagwan Sahai died in a road accident on 8.6.1990. An application under section 5 of the Limitation Act was also submitted with a prayer for condonation of delay in filing the claim petition.

(3.) The insurance company opposed this application. The learned Tribunal held that in view of the provisions of section 166 (3) of the Motor Vehicles Act, 1988 (for short 'the Act'), such application for compensation shall be filed within six months of the occurrence of the accident and the Tribunal may entertain the application after the expiry of the said period of 6 months but not later than 12 months and since the present application was filed beyond 12 months of the accident, the delay could not be condoned.