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1992 Supreme(Guj) 84

S.D.SHAH
MER RAMDE VEJANANDBHAI – Appellant
Versus
HARSHADBHAI PARBATBHAI – Respondent


Advocates Appeared: C.D.KAKKAD, C.J.VEERA REDDY, DARSHAN M.PARIKH, MOHIT S.SHAH, P.F.MAKVANA, R.C.KAKKAD, R.P.VAGHELA, RAJNI H.MEHTA, T.S.NANAVATI

S. D. SHAH, J.

( 1 ) DOES the proviso to sub-sec. (3) of Sec. 166 of the Motor vehicles Act, 1988 restrict/limit the power of the Claims Tribunal to condone the delay caused in filing application for compensation to a period of 12 months from the date of occurrence of accident ? Does the proviso exclude expressly or otherwise the application of Sec. 5 of the Limitation Act, 1963 or principle underlying said Sec. 5 to an application for condonation of delay caused in filing the application for compensation ? These are the twin questions posed for consideration in these petitions under Art. 227 of the Constitution of India.

( 2 ) THESE two petitions under Art. 227 of the Constitution of India are directed against the judgment and order of the Motor Accident Claims Tribunal, porbandar, dated 18/07/1991 passed in Motor Accident Claim Petition nos. 57 and 60 of 1991 respectively. By the said impugned judgment and order the Tribunal has rejected the applications of the petitioner in each case on the ground that such petition is filed beyond the prescribed period of limitation and since it is filed beyond six months after expiry of prescribed period of six months, the Tribunal has no autho






























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