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Union of India - Section

Section 110A in Motor Vehicles Act, 1939

110A. Application for compensation.

(1)An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 110 may be made-
(a)by the person who has sustained the injury; or
(aa)[ by the owner of the property; or] [Inserted by Act 47 of 1978, section 32 (w.e.f 16.1.1979).]
(b)where death has resulted from the accident, [by all or any of the legal representatives] [Substituted by Act 56 of 1960, section 58, for 'by the legal representatives' (w.e.f 2-3-1970).] of the deceased; or
(c)by any agent duly authorised by the person injured [or all or any of the legal representatives] [Substituted by Act 56 of 1960, section 58, for 'or the legal representatives' (w.e.f 2-3-1970).] of the deceased, as the case may be:
[Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.] [Inserted by section 58, Act 56 of 1960, (w.e.f. 2-3-1970).]
(2)Every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particular as may be prescribed:[Provided that where any claim for compensation under Section 92A is made in such-application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.] [Inserted by the Motor Vehicles (Amendment) Act, 1982 (47 of 1982), Section 16 (1-10-1982).]
(3)No application for [for such compensation] [Substituted for the words 'compensation under this section', by the Motor Vehicles (Amendment) Act, 1982 (47 of 1982), Section 16 (b) (1-10-1982).] shall be entertained unless it is made within [six months] [Substituted for 'sixty days' by the Motor Vehicles (Amendment) Act, 1989 (56 of 1969), Section 58 (2-3-1970).] 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] [Substituted for 'sixty days' by the Motor Vehicles (Amendment) Act, 1989 (56 of 1969), Section 58 (2-3-1970).] if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.]