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H.N.SETH, H.N.MITTAL
MANJU RANI – Appellant
Versus
SARDAR MAN SINGH – Respondent


Advocates Appeared:
N.C. Rajvanshi and S.S. Bhatnagar, for the Appellant
G.K. Sahai, V.K. Sahai and B. Dayal, for the Respondent

JUDGMENT :

H.N. Seth, J.—This first appeal u/s 110-D of the Motor Vehicles Act is directed against an order passed by the District Judge, Meerut dated 11-10-1968, acting as the Motor Accidents Claims Tribunal, Meerut. By the impugned order the learned Judge held that the claim petition filed by the Appellants was barred by time.

2. An accident by a motor vehicle in which one Mr. Hari Shanker Goel lost his life, took place on 21-12-1968. According to the claimants, in the month of April 1967 Mr. Bhagwat Dayal, father of the deceased, contacted Mr. Dharam Vir Premi and Mr. Jai Prakash Jain, Advocates, with a view to file a suit for damages against the owner of the vehicle. The two lawyers advised him that limitation for filing a suit for recovery of damages was, under the old Limitation Act, one year but under the act as amended such a suit could be filed within two years of the date of accident. Mr. Bhagwat Dayal, then gave certain instructions to his lawyers, who in the meantime sent notices to the owner of the vehicle. The claimants being simple persons did not contact their lawyers any further till 20-12-1967, when they contacted them for filing the suit. At this stage they were ad

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