SITTAYEE Vs. ANNA TRANSPORT CORPORATION

JUDGEMENT

(1.) The claimants are the appellants. The claimants have filed claim petition before the Tribunal with a petition to condone the delay of 470 days in filing the same. The Tribunal has dismissed the said application in I.A. No. 1565 of 1990. Hence the appeal is against the said order.

(2.) The appellants have stated in the affidavit filed in support of the condone delay petition that her husband died on 31-1-1989 and due to shock and grief she was not able to file the O.P. immediately. Further she, being in illiterate lady, does not know the consequences.

(3.) The lower Court has dismissed the application for condonation of the delay on the ground that Section 166(3) of the Motor Vehicles Act prescribed a period of six months by way of limitation for filing the claim petition and further time of six months with a petition for condonation of the delay, i.e. altogether one year from the date of accident. In this case, the accident took place on 31-1-1989 and claim petition has been filed in December, 1991 only beyond the limitation period prescribed under the Statute. Section 166(3) 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 expiry of the said period of six months but not later than twelve months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.