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1965 Supreme(Mad) 172

P.S.KAILASAM
G. Gopalaswami – Appellant
Versus
G. Navalgaria – Respondent


Advocates:
A. K. Shanmugasundaram and K. Sengottiah, for Appellant; M. P. Subramaniam and K. L. Krishnan, for Respondents.

JUDGMENT :- This is an appeal by the injured person in a motor accident against the order of the Motor Accidents Claims Tribunal dismissing an application for excusing the delay in filing the main application for compensation under Section 110-A (3) of the Motor Vehicles Act. The appellant met with the accident on 15-9-1961. It is admitted that he sustained a compound fracture of the right leg. He was admitted in the hospital, and according to him he was in the hospital till 11-7-1962, when he was discharged due to want of accommodation in the hospital. It is stated that he continued to be in bed in the house of a friend of his till 15-10 1962, when he filed this application for excusing the delay in filing the claim petition under Section 110-A (3) of the Motor Vehicles Act. Section 110-A (3) of the Act provides that no application for compensation shall be entertained unless it is made within sixty days of the occurrence of the accident. The proviso to this section empowers the Claims Tribunal to entertain the application after the expiry of the said period of 60 days, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. The







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