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PUNJAB & HARYANA HIGH COURT
Amarjeet Chaudhary, J.
Manjit Singh
Versus
Dr.Suresh Dadra
First Appeal from the Order No. 1075 of 1987,
Decided On : FEBRUARY 3, 1995
Condonation of Delay - Motor Vehicles Act - The court held that the delay in filing the claim petition should have been condoned as it was duly explained by the petitioner. The approach of the Tribunal on the question of limitation should be liberal, considering the objective of the Motor Accident Claims Tribunal to compensate the dependents of the deceased and the persons who suffer injuries in road accidents.
Fact of the Case:
The claimant filed a claim petition for compensation for injuries suffered in a road accident, along with an application for condonation of delay. The Tribunal dismissed the application for condonation of delay and the claim petition.
Finding of the Court:
The Court set aside the Tribunal's order and remitted the case back to the Tribunal, directing it to condone the delay and decide the claim petition on merits.
Issues: Delay in filing the claim petition, application for condonation of delay, liberal approach of the Tribunal on the question of limitation
Ratio Decidendi: The Tribunal should adopt a liberal approach in condoning the delay in filing claim petitions under the Motor Vehicles Act, considering the objective of compensating the dependents of the deceased and persons who suffer injuries in road accidents.
Final Decision: The order of the Motor Accident Claims Tribunal was set aside, and the case was remitted back to the Tribunal for further proceedings.
Amarjeet Chaudhary, J.
1. Manjit Singh had filed a claim petition under Section 110-A of the Motor Vehicles Act, claiming compensation for the injuries suffered by him in a road accident. The claimant had also filed an application for condonation of delay in filing the claim petition. The Motor Accident Claims Tribunal, Jalandhar vide its order dated 23.8.1987 dismissed the application for condonation of delay as well as claim petition.
2. Aggrieved against it, the claimant has filed the present appeal.
3. The accident had occurred on 23.1.1986 and the limitation for filing the claim petition expired on 23.7.1986. There was delay of 37 days fin filing the claim petition.
4. This Court is of the view that the Tribunal should have condoned the delay of 37 days as the same was duly explained by the petitioner. The approach of the Tribunal on the question of limitation should be liberal. The motor Accident Claims Tribunal is a social legislature, the object of which is to compensate the dependents of the deceased and also to compensate the person who suffers injuries in the road accident.
5. For the reasons stated above, the order of the Motor Accident Claims Tribunal, Jalandhar is set aside. The case is remitted to the Motor Accident Claims Tribunal, Jalandhar, which shall after condoning the delay in filing the claim petition, decide the same on merits.
6. The appellant is directed to appear before the Motor Accident Claims Tribunal, Jalandhar on 8.3.1995 to receive further directions.
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