IMPORTANT POINT
Period of 28 years cannot be considered to be a reasonable period.

JUDGMENT :

Jagdish Singh Khehar, CJI.

1. Heard learned counsel for the rival parties.

2. The daughter of the respondents died in a motor accident on 02.02.1977. A claim petition was filed, under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as `the 1988 Act'), seeking compensation on account of the motor accident, wherein the respondents' daughter had died, on 23.02.2005 i.e., after a period of more than 28 years. The Motor Accident Claims Tribunal (hereinafter referred to as `the Tribunal') entertained the above claim. A prayer made to reject the claim petition, for the reason, that the said claim had been raised 28 years after the accident in question, was rejected. It is in these circumstances, that M/s Purohit and Company (the petitioner herein) approached the High Court, wherein, the matter was re-adjudicated. Again, a prayer was made at the hands of the petitioner, that the claim had been made belatedly, and was not a surviving claim. The High Court, upheld the justiciability of the claim petition, on the short ground, that no period of limitation had been provided for raising a claim for compensation, under the Motor Vehicles Act, 1988. The judgment rendered by the High Court on 07.07.2015, has been assailed by M/s Purohit & Company through the instant petition for special leave to appeal.

3. Leave granted.

4. While raising a challenge to the impugned judgment, in the first instance, a reference was made to Section 110 A of the Motor Vehicles Act, 1939 (hereinafter referred to as `the 1939 Act'), in order to demonstrate, that a period of limitation, at the time, was provided for, referable to the date when the accident had taken place. Section 110A aforementioned is being extracted hereunder:

“110-A. Application for compensation.-(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of Section 110 may be made-

(a) by the person who has sustained the injury; or

(aa) by the owner of the property; or

(b) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or

(c) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be:

Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.

(2) Every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars as may be prescribed.

Provided that where any claim for compensation under Section 92-A is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant;

(3) No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident :

Provided that the Claims Tribunal may entertain the application after the expiry of the said period of six months if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.” (emphasis is ours)

A perusal of the provision of Section 110A of the 1939 Act, extracted above, reveals, that a period of limitation of six months (from the date of occurrence of the accident) was provided for, to raise a claim for compensation.

5. In the successor legislation, namely, the Motor Vehicles Act, 1988, Section 166(3), as originally enacted, also provided for limitation of a period of six months for filing a claim petition. Section 166 aforementioned is extracted hereunder:-

“166. Application for compensation.-

(1) An application for compensation arising out of an accident of the nature specified