JUDGEMENT
A.C.Goyal, J. -
(1.) The appellant-claimant
Lali Devi has preferred this appeal against
the award dated 31.3.1992, whereby Motor
Accidents Claims Tribunal, Jaipur City,
Jaipur, dismissed the Claim Petition No.
895 of 1991, treating it to be beyond prescribed period of limitation.
(2.) The relevant facts in brief are that
the claimants-wife, mother and father of
the deceased Bhagwan Sahai, filed a claim
petition on 26.7.1991, claiming a sum of
Rs. 20,15,000 with the averments that
Bhagwan Sahai died in a road accident on
8.6.1990. An application under section 5
of the Limitation Act was also submitted
with a prayer for condonation of delay in
filing the claim petition.
(3.) The insurance company opposed this
application. The learned Tribunal held that
in view of the provisions of section 166 (3)
of the Motor Vehicles Act, 1988 (for short
'the Act'), such application for compensation shall be filed within six months of the
occurrence of the accident and the Tribunal
may entertain the application after the expiry of the said period of 6 months but not
later than 12 months and since the present
application was filed beyond 12 months
of the accident, the delay could not be
condoned.;
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