The validity of the said order was challenged by the respondent before the High Court of Madhya Pradesh at Jabalpur.
1.7.1989.
The claim petition for companypensation was filed before the Additional Motor Accident Claims Tribunal, Badwah hereinafter referred to as the Tribunal on 7.12.1991 along with an application for companydonation of delay which was of four days only.
Sub section 3 of Section 110 A of the Motor Vehicles Act, 1939 provided No application for such companypensation shall be entertained unless it is made within six months of the occurrence of the accident Provided that the Claims Tribunal may entertain the application after the expiry of the said period of six months if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.
The appellant suffered serious injuries and was admitted in Badwah Hospital, the same day.
On 7.12.1990 he was shifted to M.Y. Hospital, Indore and was treated as an indoor patient till 27.9.1991.
He also lost his services as a Driver.
The Act which repealed the earlier Motor Vehicles Act of 1939 came in force w.e.f.
The appellant while going on read on 4.12.1990 became victim of an accident, because of the rash and negligent driving of the scooter by respondent No.1 hereinafter referred to as the respondent .
The Tribunal by its order dated 18.11.1993 companydoned the delay in filing the claim petition.
P. SINGH.
J Leave granted.
Because of the accident the appellant became permanently disabled, as his left leg above thigh and hip had been fractured.
