The court emphasized the need for a liberal interpretation of the provisions for condonation of delay in filing claim petitions under Section 110-A(3) of the Motor Vehicles Act, 1939, to ensure substantial justice and advance the purpose of the Act.

1. - This appeal has been filed by the Rajasthan State Road Transport Corporation (hereinafter referred to as the "Appellant-corporation") under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as ' the Act") against the award dated August 17, 1976 given by the Motor Accidents Claims Tribunal (District Judge, Jaipur City) (hereinafter referred to as the "Claims Tribunal") in Civil Misc. Case No. 39 of 1973.

2. On October 18, 1970 at about 10.30 a.m. a bus bearing No. RJZ 1524, owned by the Appellant-corporation, and driven by Jaipal Singh, Respondent No. 2, met with an accident on the Ram Bagh road, Jaipur, opposite S.M.S. Hospital near Santokba Durlabh X-ray clinic. In the said accident, the said bus hit a cycle. The cycle was being driven by Om Prakash Gupta, Respondent No. 1 (hereinafter referred to as the "Respondent claimant"). As a result of the said accident the Respondent claimant suffered serious injury on his right leg, on account of which the right leg from above the knee had to be amputated. On 4th December, 1973 the Respondent claimant filed a claim before the Claims Tribunal wherein he claimed a sum of Rs. 5,25,000/- as compensation. The aforesaid compensation was claimed under three heads:

3. In the claim petition the Respondent claimant had impleaded the Appellant corporation, Shri Jaipal Singh, the driver of the bus and the Life Insurance Corporation as opposite parties. Subsequently by order of the Claims Tribunal dated 31st May, 1975 the Life Insurance Corporation was deleted from the array of parties.

4. In the claim petition the respondent claimant pleaded that at the time of the accident he was coming on bicycle towards Ajmeri Gate and was on the left side of the road and that the accident had taken place due to the rash and negligent driving of the bus by Respondent No. 2 and the Appellant-corporation, as the owner, is liable to pay the amount of compensation.

5. The Appellant-corporation contested the claim and denied that the bus was being driven rashly and negligently or at a high speed. On the other hand, it was pleaded that the accident took place due to the rashness and negligence of the Respondent-claimant who suddenly came on the road out of the women's hostel gate of the S.M.S. Hospital compound and that it was the Respondent-claimant who lost his balance and struck the bus although the driver had applied his brakes. The Appellant-corporation also disputed the amount of compensation claimed by the Respondent-claimant. It was further submitted on behalf of the Appellant-corporation that the claim was barred by time.

6. On the basis of the pleadings of the parties, the Tribunal, by its order dated 30th July, 1975, framed two issues. Issue No. 1 was as to whether the Respondent No. 2. had caused injuries to the Respondent-claimant on October 18, 1970 by rashly and negligently driving the vehicle No. RJZ 1524? Issue No. 2 was as to whether the claimant was entitled to the compensation and if so from which party. By order dated 28th November, 1975 a third issue as to whether there was sufficient cause for not presenting the claim within the prescribed period, was framed by the Claims Tribunal.

7. The Respondent-claimant, in support of his case examined 7 witnesses, including himself. The Appellant-corporation, on the other hand, examined the driver Jaipal Singh, Respondent No. 2.

8. The Claims Tribunal by its award dated 17th August, 1976 decided all the three issues in favour of the Respondent-claimant. The Claims Tribunal held that there was sufficient cause for condoning the delay in the filing of the claim petition by the Respondent-claimant. The Claims Tribunal further held that the accident was caused as a result of rash and negligent driving of the bus by Respondent No. 2. As regards the compensation, the Claims Tribuual awa