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october 1975

Supreme Court of India · 1975-10-10

NEW INDIA INSURANCE CO. LTD. vs SMT. SHANTI MISRA, ADULT

Citation / case number
SC 1975/60654
Court
Supreme Court of India
Petitioner
NEW INDIA INSURANCE CO. LTD.
Respondent
SMT. SHANTI MISRA, ADULT
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that the introduction of Sections 110A to 110F of the Motor Vehicles Act, 1939, constituted a change of forum rather than substantive law, allowing claims to be filed retrospectively. The Court ruled that applications for compensation must be made within 60 days of the accident, but the Claims Tribunal has the authority to condone delays if sufficient cause is shown. The Court dismissed the appeal, affirming that the Tribunal could entertain applications filed after the 60-day limit if the accident occurred within that timeframe prior to the Tribunal's constitution.

NEW INDIA INSURANCE CO. LTD. vs SMT. SHANTI MISRA, ADULT · Niyam