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1995 Supreme(MP) 529

N.P.SINGH
New India Assurance Co. Ltd. – Appellant
Versus
Amanna – Respondent


Advocates:
N.S. Ruprah for applicant; Y.P. Sharma for non-applicant.

JUDGMENT

This revision-application is directed against, the Order dated 12.8.1994 passed by the VIth Addl. Motor Accidents Claims Tribunal, Durg in Claim Case No. 14 of 1993 whereby he allowed the application under section 5 of the Limitation Act and condoned the delay of two years and one month in preferring the claim case for awarding compensation to the non-applicants on account of death of Surya Karayan who died in Motor Accident on 30th June, 1991.

It may be relevant here to mention the provisions of Sub-section (3) of section 166 of the Motor Vehicles Act, 1988, which reads as follows:-

No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident :

Provided that the claims tribunal may entertain the application after the expiry of period of six months, but not later than 12 months if it is satisfied that the applicant was prevented by the sufficient cause for making the application in time.

It is obvious that the claim case cannot be preferred not later than 12 months from the date of the accident.

The question which falls for consideration in this revision-application is, whether the provisions of section 5 o







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