HAYATKHAN Vs. MANGILAL
LAWS(MPH)-1969-3-3
HIGH COURT OF MADHYA PRADESH
Decided on March 28,1969

HAYATKHAN Appellant
VERSUS
MANGILAL Respondents

JUDGEMENT

- (1.) THIS is an appeal against an order of the Motor Accidents Claims Tribunal. Indore, dismissing the appellant's application for compensation on a preliminary ground.
(2.) THE alleged accident took place on 29th September 1964 and the application for claim was filed on 2nd September 1965. The applicant-appellants contended that at the time of the accident they were minors and that the appellant No. 1 attained majority on 21st July 1965 and, therefore, he filed the claim petition within two months of the date of attainment of majority. On these grounds, the appellants prayed for condonation of delay.
(3.) THE learned Judge of the Claims Tribunal framed two preliminary issues, namely:-" 1. Whether the applicant No. 1 attained the age of majority on 21-71965? 2. If so, whether the applicants were prevented by sufficient cause from making the application in time?" in regard to the first issue, the learned Judge found in favour of the appellants. Regarding the other issue he came to the conclusion that Section 6 of the limitation Act. 1963, would not apply to the proceedings before him and, therefore, the appellant-applicants could not set the benefit of the provisions of that section and that, under Section 110-A of the Motor Vehicles Act. 1939, the minority of the appellants could not be said to be a sufficient cause for condonation of delay. Consequently, the learned Judge dismissed the claim petition.;


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