Satish Chandra, J. - (1.) THE ap pellant was in 14th April, 1967, involved in an accident with a jeep car belonging to the State Government. On 25th September, 1967, he instituted a claim petition under Section 110-A. The Motor Vehicles Act, for compensation for the injuries received by him at the accident. The respondents contested the claim on various grounds. One of the pleas was of limitation. The District Judge, Bareil-ly, acting as the Claims Tribunal, fram ed a preliminary issue on the question of limitation.
(2.) THE prescribed period of limi tation for a claim petition at the relevant time was, 60 days from the date of the accident. The appellant moved an ap plication supported by an affidavit for condonation of the delay. The tribunal below held that the claim petition was filed admittedly beyond time and the explanation for the delay was not suffi cient. It rejected the application for condoning the delay; and, consequently, it rejected the claim petition also. Aggrieved, the claimant has come to this Court in apoeal. Learned Standing Counsel ap pearing for the respondents raised a pre.-liminary objection that no appeal lay. Under Section 110, the Motor Vehicles Act, 1939, the State Government has been authorised to constitute by a noti fication in the Gazette, a Motor Acci dents Claims Tribunal, for adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to persons. An application for compensation is made under Sec tion 110-A of the Act. Sub-section (3) thereof provides:- "(3) No application for compensation under this section shall be entertained unless it is made within sixty days of the occurrence of the accident: Provided that the Claims Tribunal may entertain the application after the expiry of the said period of sixty days if it is satisfied that the applicant Was prevented by sufficient cause from mak ing the application in time." A claim petition ends in an award given under S. 110-B, which says:- "110-B. On receipt of an application for compensation made under S. 110-A, the Claims Tribunal shall, after giving the parties an opportunity of being heard, hold an inquiry into the claim and may make an award determining the mount of compensation which appears to it to be just and specifying the per son or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the in surer."
(3.) SECTION 110-D provides for ap peals. It says: "110-D. Appeals. (1) Subject to the provisions of sub section (2) any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: Provided that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevent ed by sufficient cause from preferring the appeal in time. (2 o appeal shall lie against any award of a Claims Tribunal, if the amount in dispute is less than two thou sand rupees." ) ;