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1992 Supreme(Guj) 47

R.K.ABICHANDANI
BHUCHA DHANA DANGER – Appellant
Versus
JIVIBEN MADEVA lukhel – Respondent


Advocates Appeared: RAJNI H.MEHTA

ABICHANDANI, J.

( 1 ) THE petitioners have challenged the impugned order dated 8/10/1991 passed by the Motor Accidents Claims Tribunal (Main), kachchh at Bhuj allowing the application of the respondents condoning the delay in preferring the claim petition. There is no dispute about the fact that the delay of over 14 years has been caused because the original applicants were minors. The M. A. C. T. resorting to the provisions of Sec. 6 of the limitation Act and having regard to the fact that the applicants were minors condoned the delay in the application which was made on 10/07/1990.

( 2 ) IT was contended on behalf of the petitioners that the Motor Vehicles act was a complete Code in itself and since a statutory period was prescribed in Sec. 166 (3) of the Act in respect of an application for compensation, it was not open to the Tribunal to condone the delay which was much beyond the statutorily prescribed period of one year. The learned Counsel, appearing on behalf of the petitioners, submitted that the proviso of sub-sec. (3) of Sec. 166 of the Motor Vehicles Act circumscribed the powers of the Tribunal in condoning any delay beyond the period of 12 months which was to be compute



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