MILAP CHANDRA, J. - (1.) THIS appeal has been filed under Section 110 -D, Motor Vehicles Act, 1939 (hereinafter called 'the Act') against the award passed by the Motor Accidents Claims Tribunal, Jodhpur dated February 2, 1985 by which it dismissed the claim petition on the ground of limitation. The facts of the case giving rise to the appeal may be summarised thus.
(2.) ON July 7, 1980 (Monday), the appellant filed a claim petition under Section 110 -A of the Act claiming Rs. 55,000/ - as compensation with the allegation in short, that on January 6, 1980 at about 5.30 p.m. he was going to church situated near Head Telegraph Office, Jodhpur. His wife Aliumma was sitting on the back seat of his cycle. While he was going on the correct side of the Bhairav Bagh Road, bus No. RRM 293 came from the side of the Dak Bungalow. It was being driven with excessive speed and rashly and negligently by its driver Megh Singh (respondent No. 2). It dashed against him. As a result thereof, he and his wife fell down and received several injuries. Both were admitted in the Military Hospital. The respondents admitted in their separate replies that the said bus No. RRM 293 belonged to the respondent No. 1, it was being driven by respondent No. 2 Megh Singh at the relevant time and the appellant was coming from the opposite direction on his cycle, his wife was sitting at its back seat and accident took place. The remaining allegations of the petition were denied. It has further been averred that the petitioner and his wife were busy in talking with each other, as such the petitioner could not see the bus coming from the front side and he himself dashed against it. After framing necessary issues and recording the evidence of the parties, learned Tribunal held that the accident took place at about 5.30 p.m. on 6.1.1980 near the Head Telegraph Office, Jodhpur; in this accident the appellant and his wife Aliumma received injuries; this accident took place due to rash and negligent driving on the part of the driver Megh Singh (respondent No. 2); and both the claimants are entitled to get Rs. 8,000/ - each as compensation. It further held that the claim petition was not filed within six months of the accident, it was filed after one day of the expiry of the period of limitation and accordingly dismissed it on this ground. It has been contended by learned Counsel for the appellant that the learned Tribunal has seriously erred in holding that the claim petition was not filed within limitation. He further contended that the accident took place on January 6, 1980, claim petition was filed on July 7, 1980, July 6, 1980 was Sunday and the date of the accident and Sunday falling on July 6, 1980 have to be excluded while counting the period of limitation. He also contended that the amount of compensation of Rs. 8,000/ - awarded to the appellant is quite inadequate and it should be enhanced.
(3.) LEARNED counsel for the respondents duly supported the award.;