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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Pankaj Dhir – Appellant
Versus
Mohinder Singh – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J .
1. The present appeal has been preferred by the appellants/claimants against the award dated 13.07.2018 filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Patiala (for short, 'the Tribunal’), vide which the claim petition filed by them was dismissed.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that on 15.10.1982, deceased Ashwani Kumar Dhir was going in Bus No: PUC-3454 from Sirhind to Patiala being driven by respondent no. I Mohinder Singh. The said bus met with an accident and thereafter, fell into Bhakhra Canal at Adampur Nirwana bridge. FIR No. 206 regarding the occurrence was registered on 15.10.1982 under sections 279, 338, 304-A IPC at PS. Sirhind.
3. Upon notice of the claim petition, respondents appeared and denied the factum of accident/compensation.
4. From the pleadings of the parties, the Tribunal framed the following issues:-
“1. Whether Ashwani Kumar Dhir son of Ved Parkash had suffered injuries in a motor vehicular accident, which took place on 15.10.1982 at about 5.45PM in the area of near Adampur Nirwana bridge of Bhakhra Sirhind. PS Sirhind, due to rash and negligent driving of B
Claim for compensation must be filed within a reasonable time; deletion of limitation provisions does not extend the time indefinitely.
The question of reasonable time for approaching the Tribunal for a claim of compensation depends on the facts and circumstances of each case, and mere lack of awareness of rights due to illiteracy an....
The Motor Vehicles Act's amendment removing filing time limits for claims indicates that genuine cases should not be dismissed on procedural delays, reflecting Parliament's intent to support accident....
Delays in filing compensation claims under the Motor Vehicles Act must be justified; unreasonable delays render claims stale and unentertainable.
Claims under the Motor Vehicles Act must be filed within a reasonable time, even if no specific limitation is prescribed, especially when prior settlements exist.
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