SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1996 Supreme(MP) 494

S.S.JHA
Narendra Singh Gajraj Singh – Appellant
Versus
Gulab Bai – Respondent


ORDER

S.S. Jha, J.

1. This revision has been filed against the order dated 31-7-1995, passed by Third Additional District Judge, Vidisha in M.C.C. No. 7/95.

2. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed before the Accident Claims Tribunal, Vidisha. It was alleged in the application that the accident occurred on 1-5-1990, which resulted into death of one Shankarlal. Shankarlal died on 10-5-1990 on account of the accident. The claimants/non-applicants are the heirs of Shankarlal. The claim petition was filed before the trial Court under Section 166 of the Motor Vehicles Act on 8-9-1994 along with an application for condonation of delay under Section 5 of the Limitation Act. The ground alleged in the application was that the widow of the deceased lost her mental balance and children being minor the application could not be filed in time.

3. The contention of the learned counsel for the applicant is that the claim petition is not maintainable in view of Section 166(3) of the Motor Vehicles Act. Section 166(3) of the Motor Vehicles Act provides for filing a claim petition within six months from the date of accident and the Claims Tribunal was empowered to c










Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top