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1979 Supreme(Kar) 246

M.S.PATIL, N.VENKATACHALA
KRISHNA BAI – Appellant
Versus
B. S. DESAI – Respondent


Advocates:
I.G.GACHCHINAMATH, K.P.ASHOK KUMAR

( 1 ) IS it permissible to a Motor Accidents claims Tribunal ("claims Tribunal") constituted under S. 110-1 of the Motor vehicles Act, 1939 ("act") to entertain an application for compensation made under S. 110-A of the Act, if not made within six months of the occurence of the accident and if so permissible, when?

( 2 ) IF a Claims Tribunal fails to entertain such an application and makes an award accordingly, is it open to the High Court in an appeal preferred against such an award by an aggrieved person under S. 110-D of the Act to entertain such an application? are the two important questions which arise for our determination in this miscellaneous First Appeal.

( 3 ) ONE Byrappa, a blacksmith, was severely injured on September 26, 1976 in a motor accident, as a result of which he died on the very same day. He left behind his widow, three minor sons, one minor daughter and one married daughter. The widow and the children made an application for compensation on September 26, 1977 under s. 110-A (1) of the Act before the claims Tribunal, Bijapur. As the application was filed after the expiry of the period of six months from the date of occurrence of the accident, the time allowed f












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