- (1.)This appeal is directed against the award of Motor Accidents Claims Tribunal Jammu pronounced on 28/07/1987, whereby the Tribunal awarded an amount of Rs. 65000.00 in favour of the deceased respondent Kaka Ram for the injuries sustained by him in the course of a motor accident. The deceased respondent has since been substituted by his legal heirs by an order of this Court passed separately on 12-12-1990 in C.M.P. No. 405/90.
(2.)During the course of the hearing of this appeal, various preliminary objections about the maintainability of the appeal were taken by Mrs. Seema Gupta, learned counsel appearing for the legal heirs of the deceased-respondent Kaka Ram. Since this appeal can be and is being disposed of on one solitary ground, I need not consider the other grounds raised by Mrs. Gupta.
(3.)The maintainability of this appeal has been challenged by Mrs. Seema Gupta on the ground that it was a time-barred appeal, because the appeal was filed beyond the period of limitation prescribed therefore. Ad-mittedly, the period of limitation prescribed under Section 110-D of the Motor Vehicles Act 1939 is 90 days from the date of the award. Section 110-D is reproduced here under for ready reference :-
"110-D Appeals. - (1) Subjects to the pro-vision of Sub-Section (2), any person aggriev-ed 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 enter-tain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in the appeal is less than two thousand rupees."
The award was pronounced on 28-7-1987 and the appeal was preferred on 3-11-1987, i.e., after a period of 97 days from the date of the award.