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1996 Supreme(HP) 12
IN THE HIGH COURT OF HIMACHAL PRADESH
Hon'ble Judges: Bhawani Singh and Arun Kumar Goel, JJ.
Smt. Mani Devi and Ors. – Appellants
Vs.
H.P. State Electricity Board and Ors. – Respondent
F.A.O. (MVA) No. 216/91
Decided On: 05.01.1996
For Appellant/Petitioner/Plaintiff: Shyama Dogra, Adv.
For Respondents/Defendant: R.S. Jamalta and Jagdish Vats, Advs.
The Motor Vehicles (Amendment) Act, 1994 has retrospective effect and applies to cases filed under the previous Acts.
Headnote:
MOTOR VEHICLES ACT, 1988 - SECTION 166 - LIMITATION - CONDONATION OF DELAY - MOTOR VEHICLES (AMENDMENT) ACT, 1994 - RETROSPECTIVE EFFECT - COMPENSATION - CALCULATION - UNIT SYSTEM - MULTIPLIER - LOSS OF LOVE AND AFFECTION - MENTAL SHOCK AND AGONY.
Fact of the Case:
The deceased, Ghali Ram, died in an accident involving a truck belonging to the Himachal Pradesh State Electricity Board. The claimants, his widow and three sons, filed a claim petition for compensation under the Motor Vehicles Act, 1988. The petition was dismissed by the tribunal on the ground of delay.
Finding of the Court:
The court held that the Motor Vehicles (Amendment) Act, 1994, which amended the limitation period for filing claim petitions, has retrospective effect and applies to cases filed under the previous Acts. The court also held that the claimants were entitled to compensation of Rs. 1,81,500/- along with interest at 12% per annum from January 15, 1990 till the date of deposit.
Issues: 1. Whether the petition was barred by limitation? 2. What compensation should be awarded in this case?
Ratio Decidendi: 1. The Motor Vehicles (Amendment) Act, 1994 has retrospective effect and applies to cases filed under the previous Acts. 2. The compensation should be calculated using the unit system, with a multiplier of 15 in this case. 3. In addition to the compensation, the claimants are also entitled to Rs. 6000/- towards loss of love and affection and mental shock and agony.
Final Decision: The court allowed the appeal and awarded compensation of Rs. 1,81,500/- to the claimants along with interest at 12% per annum from January 15, 1990 till the date of deposit.
Bhawani Singh, J.
1. This, 'appeal is directal against the award of Motor Accident Claims Tribunal. Shimla in MACC No. 9-S/2 of 1990 dated 29-5-1991.
2. Truck HPS-7610 belonged to H.P. State Electricity Board. Shri Brijender Singh was the driver. On 27-11-1988, it was coming from Luhri to Nithcr met with an accident and fell into the Nitla, At the time of accident, deceased Ghali Ram (hereafter Ghali-Ram) was one of the occupants in it. He died in this accident. According to the claimants, the accident look place due to rash and negligent driving of Driver' Brijender Singh. Ghali Ram was 40 years old and at that lime was working as private Mason and Carpenter. His income was Rs. 1300/- p.m. and he left behind his widow and three sons who were dependent on him. Compensation of Rs. 3 lakhs has been claimed from the respondents. The petition was barred by time, therefore, it was pleaded that the delay was due to the assurances given to them by the respondents that adequate compensation would be paid to them. They waited for a long lime but when it was not given, the claim petition had to he filed. Respondents contested this claim. It wasdcnied that the accident took place due to the rash and negligent driving 'by truck driver. It is also pointed out that the .petition was barred by time. On the pleadings of the parties, the tribunal framed the following issues :
1) Whether the deceased S/Shri Ghali Ram and Kumari Nirmala Devi had died on account of rash and negligent driving of truck driver Shri Brijender Singh of truck No. NPS-7610 which truck belonged to H.P.S.E.B. as alleged if so its effect?
OPP
2) If issue No. I supra is proved, to what amount of compensation the petitioners of each petition are entitled to and from which of the respondents?
OPP.
3) Whether there is sufficient cause for condonation of the delay, in question'.'
OPP.
4) Whether the petition is not maintainable as alleged?
OPR.
5) Relief.
3. The Tribunal held that Ghali Ram died in this accident which was the result of rash and negligent driving by driver Brijindcr Singh of this truck belonging to H.P. State Electricity Board. It was also held that claimants were entitled to compensation of Rs. 96.000/- from the respondents. However, the claim petition was dismissed on the ground of delay, hence this appeal.
4. First question canvassed before us by the learned counsel for the parties relates to limitation. Sh. Jamalta forceably contended that the tribunal has rightly dismissed the petition on the ground of delay since the claimants failed to explain the delay in filing the petition satisfactorily. Mrs. Shayama Dogra on the other hand urges that the circumstances for the late filing of this appeal were duly explained before the tribunal and it was pointed out that the petition was not filed in time before the tribunal due to the assurances emended by the respondents that they would be adequately compensated. When they waited for long and the compensation was not given, the petition was filed. In these circumstances, it was the fit case where limitation ought to have been condoned. We need not examine this question since it is covered by Division Bench decisions of this Court, namely. FAO (MVA) 41/92 Sadh Ram v. Stale of H.P... FAO (M V A) 302/92 Smt. Kanta Jain v. Chairman-cum-Managing Director and FAO (MVA)65/93 Moti Lal v.General Manager. This decision was later followed by this Court in FAO (MVA) 112/ 88 Oriental Insurance Co. Ltd, v. Top Bahadur and also subsequent decisions. In all these it was been held that Motor Vehicles (Amendment). 1994 is a beneficial piece of legislation and has retrospective effect so far as linitiation is concerned. Therefore, they will govern those cases which have been filed under the previous Acts which prescribe particular period within which claim petitions were to be filed.
5. The next question is what compensation should be awarded in this case. Mrs. Shyama Pogra learned, counsel for the appellants contended that the c
