The time spent pursuing an inappropriate remedy can be excluded from the period of limitation under Section 14 of the Limitation Act.

Sureshwar Thakur, Judge (Oral).

The truck owned by the respondent herein suffered damage in an accident which occurred on 14.03.2009. Its owner, respondent herein holding qua the ill-fated truck an insurance cover issued by the petitioner herein, instituted a complaint against its insurer before the District Consumer Disputes Redressal Forum, Bilaspur. On 21.06.2013, the District Consumer Disputes Redressal Forum, Bilaspur dismissed the complaint instituted thereat by the respondent herein on the score of the complainant/respondent herein not falling within the definition of “consumer” rendering hence the complaint instituted before it by the respondent herein being not maintainable. The respondent herein standing aggrieved by the rendition of the District Consumer Disputes Redressal Forum, Bilaspur, instituted an appeal therefrom before the H.P. State Consumer Disputes Redressal Commission, Shimla. The latter Court recorded a judgment in affirmation to the rendition of the learned District Consumer Disputes Redressal Forum, Bilaspur. However, in the operative part of its order, the H.P. State Consumer Disputes Redressal Commission, Shimla reserved liberty to the complainant/respondent herein to avail any other remedy prescribed by law. The copy of the order of the learned H.P. State Consumer Disputes Redressal Commission, Shimla was supplied to the respondent herein on 1.10.2013.

2. The respondent herein instituted a civil suit against the petitioner herein for recovery of a sum of Rs.9 lcas along with interest constituting the damage suffered by the ill-fated truck owned by the respondent herein. The Civil Suit stood accompanied by an application under Section 14 of the Limitation Act embodying averments in explication of the delay which occurred since the ill-fated truck suffering damage in an accident which occurred on 14.3.2009 till the institution of the suit before the learned trial Court.

3. The learned trial Court on considering the respective espousals of the contesting parties before it accepted the explanation purveyed in the apposite application preferred before it by the respondent herein qua the delay which occurred since the suffering of damage by the ill-fated truck owned by the respondent herein in an accident which occurred on 14.03.2009 till the institution of a civil suit before it at the instance of the respondent herein. There is no wrangle with the proposition of the civil suit preferred by the respondent herein before the learned trial Court standing mandated by the apposite Article of the Limitation Act of it being preferable within three years from the date of damage suffered by the truck owned by the respondent herein in an accident which occurred on 14.03.2009. Since, the respondent herein instituted a civil suit beyond a period of three years, its institution before the learned trial Court was palpably beyond limitation. However, the learned trial court in its impugned rendition was not off the mark in concluding while revering the observations recorded by the H.P. State Consumer Disputes Redressal Commission, Shimla, of with liberty standing afforded to the respondent herein by the H.P. State Consumer Disputes Redressal Commission, Shimla, to avail any other remedy prescribed by law other than the bonafidely mis-prosecuted remedy of the respondent herein ventilating her grievance against the petitioner herein by hers instituting a complaint before the District Consumer Disputes Redressal Forum, Bilaspur which for reasons recorded in the order of both the District Consumer Dispute Redressal Forum besides the order in affirmation thereto by the H.P. State Consumer Disputes Redressal Commission, Shimla, being not maintainable thereat, concomitantly rendering the period or time spent by the respondent herein to bonafidely mis-prosecute her remedy therebefore standing excluded or unreckonable while computing the period of three years since the damage suffered by the ill-fated truck owned by her