Suman & Anr vs Shyamveer Singh & Anr - 2021 Supreme(Del) 2237

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2237

SANJEEV SACHDEVA
Suman & Anr – Appellant
Versus
Shyamveer Singh & Anr – Respondent

Advocates appeared:
Sajjan Kr Singh, Advocate, Santosh Kr Sahu, Advocate, Anshum Jain, Advocate, Amol Sinha, Advocate

JUDGMENT

Sanjeev Sachdeva, J. - Appellants impugn judgment dated 01.04.2019 whereby the Motor Accident Claim Tribunal has dismissed the application for compensation filed by the appellant on the ground of delay.

2. Subject accident is alleged to have taken place on 02.02.1998. The claim petition was filed on 19.08.2014 after a gap of 16 years and 6 months. Tribunal has rejected the claim on the ground of limitation.

3. The only ground taken by learned counsel for the appellants is that appellants are illiterate and living in a village and were not aware of their rights. No other reason has been stated by learned counsel for the appellants or in the appeal which prevented the appellants from approaching the Tribunal for making a claim for compensation.

4. Learned counsel for the appellants relies on the decision of the Supreme Court in Purohit & Company Vs. Khatoonbee & Ors., (2017) 4 SCC 783 to contend that asthe limitation prescribed under the Motor Vehicle Act was specifically deleted by omission of Section 166(3) of the Motor Vehicles Act, 1988 (hereinafter called the Act), the claim should have been entertained even after a lapse of 16 years and 6 months.

5. The Motor Accident Claim

Click Here to Read the rest of this document