An application under Section 92A of the Motor Vehicles Act, 1939, can be filed in appeal proceedings before the High Court.

Sukhdev Singh Rang, J.

1. Shrimati Basant Rani and her minor daughter, Manu, had filed a claim petition under Sec.110a of the Motor Vehicles Act, 1939 ("the Act" for short), for an amount of Rs.3,00,000 as compensation for the death of Shri Suresh Kumar, the husband and father respectively of the petitioners, which occurred in an automobile accident caused due to the rashness and negligence of the driver of bus No. DEP 3737. The vehicle was insured with New India Insurance Co. Ltd. , respondent No.3. The claim petition was dismissed by the Motor Accidents Claims Tribunal, Rohtak. The petitioners have filed an appeal against that award. In the appeal, the petitioners have moved the present petition under Sec.92a of the Act for directing the respondents to pay a sum of Rs.15,000 along with interest at the rate of 12 per cent. per annum.

2. Respondent No.3 has contested the application and put in reply. Two preliminary objections have been taken.

3. The first preliminary objection is that the application is not maintainable in the High Court, but it should have been filed before the Motor Accidents Claims Tribunal. It is, however, not denied that the applicants are the widow and the daughter of Suresh Kumar Batra, deceased. Secondly, that the application was barred by limitation, because the accident occurred on December 29, 1982, whereas the application was filed in the High Court in 1985 and no valid reasons have been given for condonation of delay.

4. Shri V. P. Gandhi, learned counsel for the respondent-insurance company has contended that Sec.92a of the Act, in express and clear terms, lays down that the application under this section has to be filed before the Motor Accidents Claims Tribunal. In order to buttress his contention, he referred to the provisions of Sub-section (2) and Sub-section (3) of Sec.110a, He also contended that Sec.110a fixes the period of limitation for claims at six months from the occurrence of the accident. Since the application had been made after the period prescribed for limitation, the same is liable to be dismissed.

5. In order to appreciate the points raised, the relevant statutory provisions may be noticed at the outset:

"92a. Liability to pay compensation in certain cases on the principle of no fault.-- (1) Where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. (2) The amount of compensation which shall be payable under Sub-section (1) in respect of the death of any person shall be a fixed sum of fifteen thousand rupees and the amount of compensation payable under that sub-section in respect of permanent disablement of any person shall be a fixed sum of seven thousand five hundred rupees. (3) In any claim for compensation under Sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) A claim for compensation under Sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsbility for such death or permanent disablement. * * * * * 110a. Application for compensation.- -. . . (2) Every application under Sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred, arid shall be in such form and shall