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1973 Supreme(P&H) 115

S.C.MITAL
Chawli Devi – Appellant
Versus
Union Of India – Respondent


Judgment

S.C.Mittal, J.

1. In the accident that occurred on the Yamuna Nagar Road, Jagadhari, Phul Singh died on 24th January, 1968. An application under section 110-A of the Motor Vehicles Act for compensation against the Union of India was filed by Chawli Devi, widow of the deceased, Nando, mother of the deceased, and his minor son Raj Kumar and his minor daughters Bala Devi, Naresho and Angrezo on 29th March, 1969. In consequence of the objection raised by the Union of India, the Motor Accidents Claims Tribunal, Ambala (thereinafter referred to as the "Claims Tribunal") framed the following issues:

(1) Whether the claim application is within time ?

(2) If issue No. 1 is decided against the applicants, whether they were prevented by sufficient cause from making the application in time ?

2. The Claims Tribunal decided both the issues against the applicants and dismissed their claim. Feeling dissatisfied, they preferred the present appeal. Admittedly the major applicantsChawli and Nando filed the claim after the expiry of the limitation. Hence on their behalf the defect was conceded.

3. So far as the claim of the minor applicants flamed above is concerned, relief was sought with the



















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