Allahbad High Court
SATISHCHANDRA,A.K.KIRTY
Komal Charan - Appellant
Versus
State of U.P. - Respondent
Decided On : 04/30/1971
MOTOR VEHICLES ACT - SECTION 110-A, 110-B, 110-D - APPEALABILITY OF ORDER REJECTING APPLICATION FOR CONDONATION OF DELAY - ORDER REJECTING APPLICATION FOR CONDONATION OF DELAY IS AN AWARD AND IS APPEALABLE.
Fact of the Case:
The appellant was involved in an accident with a jeep car belonging to the State Government. He filed a claim petition for compensation under Section 110-A of the Motor Vehicles Act, 1939, beyond the prescribed period of limitation. The Tribunal rejected the application for condonation of delay and dismissed the claim petition.
Finding of the Court:
The Court held that an order rejecting an application for condonation of delay and dismissing the claim petition as time-barred is an award within the meaning of Section 110-D of the Motor Vehicles Act, 1939, and is appealable.
Issues: Whether an order rejecting an application for condonation of delay and dismissing the claim petition as time-barred is an award and is appealable.
Ratio Decidendi: The Court held that every application for compensation, without exception, be it within or beyond time, comes within the ambit of Section 110-B of the Motor Vehicles Act, 1939, and will have to be inquired into. An inquiry under Section 110-B culminates in an award. An order dismissing a claim petition as barred by time has the effect of an order refusing to grant compensation, and is, as such, an award within the meaning of Section 110-D of the Motor Vehicles Act, 1939.
Final Decision: The Court allowed the appeal, set aside the impugned order, condoned the delay in filing the application under Section 110-A of the Motor Vehicles Act, 1939, and sent the case back to the Claims Tribunal for adjudication of the application on merits and in accordance with law.
SATISH CHANDRA, J. :- The appellant was in 14th April, 1967, involved in an accident with a jeep car belonging to the State Government. On 25th September, 1967, he instituted a claim petition under Section 110-A. The Motor Vehicles Act, for compensation for the injuries received by him at the accident. The respondents contested the claim on various grounds. One of the pleas was of limitation. The District Judge, Bareilly, acting as the Claims Tribunal, framed a preliminary issue on the question of limitation.
2. The prescribed period of limitation for a claim petition at the relevant time was, 60 days from the date of the accident. The appellant moved an application supported by an affidavit for condonation of the delay. The tribunal below held that the claim petition was filed admittedly beyond time and the explanation for the delay was not sufficient. It rejected the application for condoning the delay; and, consequently, it rejected the claim petition also. Aggrieved, the claimant has come to this Court in appeal.
3. Learned Standing Counsel appearing for the respondents raised a preliminary objection that no appeal lay. Under Section 110, the Motor Vehicles Act, 1939, the State Government has been authorised to constitute by a notification in the Gazette, a Motor Accidents Claims Tribunal, for adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to persons. An application for compensation is made under Section 110-A of the Act. Sub-section (3) thereof provides :-
"(3) No application for compensation under this section shall be entertained unless it is made within sixty days of the occurrence of the accident :
Provided that the Claims Tribunal may entertain the application after the expiry of the said period of sixty days if it is satisfied that the applicant Was prevented by sufficient cause from making the application in time."
A claim petition ends in an award given under S. 110-B, which says :-
"110-B. On receipt of an application for compensation made under S. 110-A, the Claims Tribunal shall, after giving the parties an opportunity of being heard, hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid, and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer."
4. Section 110-D provides for appeals. It says :
"110-D. Appeals.
(1) Subject to the provisions of subsection (2) any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court :
Provided that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute is less than two thousand rupees."
5. Section 110-A (3) lays down the rule of limitation and confers power to condone the delay. Section 110-B provides for an enquiry 'on receipt of an application for compensation made under Section 110-A'. Every such application, without exception, be it within or beyond time, conies within the ambit of Section 110-B, and will have to be inquired into. The scope and extent of the enquiry will depend on the pleadings of the parties. The enquiry will cover all issues that the parties may raise. A preliminary issue like limitation will be inquired into under Section 110-B because there is no other provision for holding an inquiry into such an issue.
6. An inquiry under Sec. 110-B culminates in an award. The award terminates the proceedings before the Tribunal and disposes of the application for compensation.
7. The termination may come about as a result of findings on all issues including preliminary issues. It can equally happen on a finding on a pr
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