H.N.Seth, N.N.Mithal, J. - (1.) The Appellants who were opposite parties in a claim filed under Section 110-A of the Motor Vehicles Act have come up in appeal against the award dated 23-12-1972 made by the Motor Accident Claims Tribunal Meerut. The Tribunal awarded a sum of Rs. 15,000/-to the applicants as Compensation for the loss suffered by them on account of death of one Mahendra Singh which took Place on 15th December, 1969 at 9.45 A.M.
(2.) The learned Counsel appearing on behalf of the Appellant has pressed the following two points before us- 1. That the claim made by the claimants was barred by time, and 2. That the Tribunal erred in holding that the death of Mahendra Singh was caused because of rash and negligent driving of truck No. U.S.L. 8738.
(3.) So far as the first point raised by the Appellants is concerned the accident in question took place on 15th December, 1969. The claim petition was filed on 9th April 1970. According to the law as it stood on 15th of December 1969 the claim petition could be filed within 60 days of the accident. When at the time of the hearing of the petition an objection with regard to limitation was raised, the claimants filed an application supported by an affidavit on 19th February,1972 in which it was alleged that the claimants had approached their counsel at Delhi on 20th of January, 1970 and had paid him his full fees The counsel assured them that limitation for making the claim had been extended to six months and as such the petition could be filed within six months and that he would file the same in due course. The applicant waited for information from his client and ultimately filed the claim on 9th of April, 1970. The claimants, therefore, prayed that the delay in filing the claim petition be condoned.;