Gujarat High Court
Judgename :J.B.MEHTA
SHARDABEN SITARAM MOHANLAL - Appellant
Versus
M.I.PANDYA - Respondent
S.C.A.362 of 1966
Decided On : 01/23/1970
Code of Criminal Procedure, 1898 - Sec. 110e - Motor Vehicles Act, 1939 - sec. 110 (A) - Bombay Court Fees Act, 1959 - Rules 291 to 312b - Writ petition - Accident - Compensation claim - Petitioner widow challenges in this petition the order of the Motor Accident Claims Tribunal dismissing the petitioners claim for compensation under sec 110 (A) of the Act 1939 hereinafter referred to as the Act on the ground that it was time barred and there was no sufficient reason to condone the delay and that there was no provision to permit the institution of such a claim for compensation as a pauper by resorting to the provisions of Order 33 of the Code - Held, It should be kept in mind that there was no question of invoking sec. 5 of the Limitation Act - As the Claims Tribunal has not disposed of the question of condonation of delay as per the provisions laid down by the proviso and has disposed of this question on extraneous ground without applying its mind to the relevant consideration and it has failed to hear and determine this matter in accordance with law as laid down in the said proviso to sec. 110a (3) the matter must go back for hearing and disposal in accordance with law in the light of the aforesaid observations - Matter must go back to the Claims Tribunal for further hearing and disposal in accordance with law on both the questions as to whether the delay should be condoned on the grounds alleged by the applicant and whether the applicant should be permitted to proceed with this application as a pauper - Petition allowed
( 1 ) THE petitioner widow challenges in this petition the order of the Motor Accident Claims Tribunal dismissing the petitioners claim for compensation under sec. 110 (A) of the Motor Vehicles Act 1939 hereinafter referred to as the Act on the ground that it was time barred and there was no sufficient reason to condone the delay and that there was no provision to permit the institution of such a claim for compensation as a pauper by resorting to the provisions of Order 33 of the Civil Procedure Code hereinafter referred to as the Code. The petitioners husband met with an accident while he was traveling in the truck of respondent No. 2 which truck got over-turned on July 8 1965 The petitioners husband died on that very day as a result of this accident. Thereafter the present claim for compensation for a sum of Rs. 25 0 was made before the Motor Accident Claims Tribunal hereinafter referred to as the Tribunal on September 9 1965 An application for permission to proceed with the application as a pauper was made on October 1 1965 and an application for condonation of delay was also filed on the same day. The learned Tribunal held that there was no provision for pauperism as Order 33 of the Code had no application. As regards the question of limitation the learned Tribunal held that the period of limitation provided in sec. 110a (3) of the Act was 60 days from the date of the occurrence of the accident and not two months and therefore the application was time-barred. The learned Tribunal further held that ignorance of law was no excuse and that the subsequent application Ex. 5 embodying various grounds for condonation of delay could not be legally taken into consideration because such an application for condonation was not presented along with the main application Ex. 1. It is this order which is challenged by the petitioner in this petition.
( 2 ) SEC. 110a (1) provides that an application for compensation arising out of an accident of the nature specified in sub-sec. (1) of sec. Il0 that is in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles may be made to the Motor Accidents Claims Tribunal for adjudication (a ). . . . . . . . (b) where death has resulted from the accident by the legal representatives of the deceased. Sec. 110a (2) provides that every application under subsec. (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred and shall be in such from and shall contain such particulars as may b:- prescribed. Sec. 110a (3) provides for limitation as under:-NO application for compensation under this section shall be entertained unless it is made within sixty days of the occurrence of the accident; provided that the Claims Tribunal may entertain the application after the expiry of the said period of sixty days if it is satisfied that the applicant was prevented by sufficient cause from making the application in time ssec. 110b provides that on receipt of an application for compensation made under sec. 110a the Claims Tribunal shall after giving the parties an opportunity of being heard hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the in surer. Sec. 110c provides for the procedure and powers of the Claims Tribunal. It runs as under :- (1) In holding any inquiry under sec. 110b the Claims Tribunal may subject to any rules that may be made in this behalf follow such summary procedure as it thinks fit. (2) A Claims Tribunal shall have all the powers of a civil Court for the purpose of taking evidence on oath and on enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as ma
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