∙ The petition was filed against the judgment passed by the High Court compensating for the motor accident in which the respondent’s daughter died in the Motor Accident Claims Tribunal ...
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.2555 OF 2017
(Arising out of SLP(C)No.25760 of 2015)
M/S. PUROHIT AND COMPANY ........APPELLANT
VERSUS
KHATOONBEE AND ANR. .......RESPONDENTS
J U D G M E N T
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
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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
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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 in sub-section (1) of section 165 may
be made—
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident,
by all or any of the legal representatives of the
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deceased; or
(d) 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, at the option of the claimant, either to
the Claims Tribunal having jurisdiction over the
area in which the accident occurred, or to the
Claims Tribunal within the local limits of whose
jurisdiction the claimant resides or carries on
business or within the local limits of whose
jurisdiction the defendant resides, and shall be
in such form and contain such particulars as may
be prescribed:
Provided that where no claim for compensation
under section 140 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 but not later than twelve
months, if it is satisfied that the applicant was
prevented by sufficient cause from making the
application in time.
(4) The Claims Tribunal shall treat any report of
accidents forwarded to it under sub-section (6) of
section 158 as an application for compensation under
this Act.
(emphasis is ours)
A perusal of the original provision of Section 166 of the 1988 Act,
extracted above reveals, that once again a period of limitation of
six months (from the date of occurrence of the accident) was
provided for. However, on this occasion, a bar was introduced for
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entertaining a claim petition, arising out of a motor accident
after twelve months (from the date of occurrence of the accident).
Obviously, the period of limitation provided for through Section
166(3) of the 1988 Act, could be relaxed upto twelve months, by
demonstrating that there was sufficient cause for such delay.
6. It would however, be pertinent to mention, that the
period of limitation provided under Section 166(3) aforementioned
was completely done away with, with effect from 14.11.1994, as
Section 166(3) came to be deleted, from the Motor Vehicles Act,
1988. The question which has arisen for consideration, in the
instant appeal, is the consequence of the omission of sub-Section
(3) of Section 166 of the 1988 Act. Does the above omission have
the effect of allowing a claimant, to file a claim application, at
any time, and whenever he chooses? Even after a decade!
7. The contention of the respondents-claimants to overcome
the period of limitation was based on two judgments. Firstly, it is
based on the judgment in Dhannalal vs. D.P.Vijayvargiya, (1996) 4
SCC 652, wherein, this Court had held as under:
“7.In this background, now it has to be examined
as to what is the effect of omission of sub-section
(3) of Section 166 of the Act. From the
Amending Act it does not appear that the said
sub-section (3)has been deleted
retrospectively. But at the sametime, there is
nothing in the Amending Act to show that benefit
of deletion of sub-section (3) of Section 166 is
not to be extended to pending claim petitions where
a plea of limitation has been raised. The effect
of deletion of sub-section (3) from Section 166
of the Act can be tested by an illustration.
Suppose an accident had taken place two years
before 14.11.1994 when sub-section (3) was omitted
from Section 166. For one reason or the other no
claim petition had been filed by the victim or the
heirs of the victim till 14.11.1994. Can a claim
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petition be not filed after 14.11.1994 in
respect of such accident? Whether a claim
petition filed after 14.11.1994 can be rejected by
the Tribunal on the ground of limitation saying
that the period of twelve months which had
been prescribed when sub-section (3) of Section
166 was in force having expired the right to
prefer the claim petition had been extinguished
and shall not be revived after deletion of
sub-section (3) of Section 166 w.e.f.
14.11.1994? According to us, the answer should be
in negative. When sub-section (3) of Section 166
has been omitted, then the Tribunal has to
entertain a claim petition without taking note
of the date on which such accident had taken
place. The claim petitions cannot be thrown out
on the ground that such claim petitions were barred
by time when sub-section (3) of Section 166
was in force. It need not be impressed that
Parliament from time to time has introduced
amendments in the old Act as well as in the
new Act in order to protect the interests of the
victims of the accidents and their heirs if the
victims die. One such amendment has been introduced
in the Act by the aforesaid Amendment Act
54 of 1994 by substituting sub-section (6) of
Section 158 which provides:
"158. (6)As soon as any information
regarding any accident involving
death or bodily injury to any
person is recorded or report under
this section is completed by a
police officer, the officer in
charge of the police station
shall forward a copy of the same
within thirty days from the date of
recording of information or, as the
case may be, on completion of such
report to the Claims Tribunal
having jurisdiction and a copy
thereof to the concerned insurer
and where a copy is made available
to the owner, he shall also within
thirty days of receipt of such
report, forward the same to such
Claims Tribunal and Insurer."
In view of sub-section (6) of Section 158 of
the Act the officer in-charge of the police
station is enjoined to forward a copy of
information/report regarding the accident to the
Tribunal having jurisdiction. A copy thereof has
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also to be forwarded to the insurer concerned. it
also requires that where a copy is made
available to the owner of the vehicle, he shall
within thirty days of receipt of such copy forward
the same to the Claims Tribunal and insurer. In
this background, the deletion of sub-section (3)
from Section 166 should be given full effect so
that the object of deletion of the said section by
Parliament is not defeated. If a victim of the
accident or heirs of the deceased victim can
prefer claim for compensation although not
being preferred earlier because of the expiry
of the period of limitation prescribed, how the
victim or the heirs of the deceased shall be
in a worse position if the question of condonation
of delay in filing the claim petition is
pending either before the Tribunal, the High
Court or the Supreme Court. The present appeal is
one such case. The appellant has been
pursuing from the Tribunal to this Court.
His right to get compensation in connection
with the accident in question is being resisted by
the respondents on the ground of delay in filling
the same. If he had not filed any petition for
claim till 14.11.1994 in respect of the accident
which took place on 4.12.1990, view of the
Amending Act he became entitled to file such
claim petition, the period of limitation having
been deleted, the claim petition which has been
filed and is being pursued upto this Court
cannot be thrown out on the ground of limitation.”
(emphasis is ours)
The second judgment on which reliance was placed, was The New India
Assurance Co.Ltd. vs. C.Padma, (2003) 7 SCC 713, wherein also, the
matter was adjudicated on the same lines by observing as under:
“10.The ratio laid down in Dhannalal's case
(supra) applies with full force to the facts of the
present case. When the claim petition was filed
sub-section (3) of Section 166 had been omitted.
Thus, the Tribunal was bound to entertain the claim
petition without taking note of the date on which
the accident took place . Faced with this situation,
Mr. Kapoor submitted that Dhannalal's case does not
consider Section 6-A of the General Clauses Act and
therefore, needs to be reconsidered. We are unable
to accept the submission. Section 6-A of the General
Clauses Act, undoubtedly, provides that the repeal
of a provision will not affect the continuance of
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the enactment so repealed and in operation at the
time of repeal. However, this is subject to "unless
a different intention appears" . In Dhannalal's case
the reason for the deletion of sub-section (3) of
Section 166 has been set out. It is noted that
Parliament realized the grave injustice and injury
caused to heirs and legal representatives of the
victims of accidents if the claim petition was
rejected only on the ground of limitation. Thus
"the different intention" clearly appears and
Section 6A of the General Clauses Act would not
apply.
11.Mr. Kapoor, learned counsel for the appellant,
has placed reliance on the decision rendered by this
Court in Vinod Gurudas Raikar vs. National Insurance
Co. Ltd., AIR 1991 SC 2156. The facts of that case
were that the appellant was injured in an accident,
which took place on 22.1.1989. The claim petition
of the appellant was filed on 15.3.1990 with a
prayer for condonation of delay. The Tribunal held
that in view of sub-section (3) of Section 166 of
the new Motor Vehicles Act, which came into force on
1.7.1989, the delay of more than six months could
not be condoned. In the facts and circumstances of
that case this Court held that the case of the
appellant was covered by the new Act and the delay
for a longer period than six months could not be
condoned. In our view, the facts of the case in
Vinod Gurudas (supra) are different from the facts
of the present case, as noticed above.
12. The learned counsel for the appellant, next
contended that since no period of limitation has
been prescribed by the legislature, Article 137 of
the Limitation Act may be invoked, otherwise,
according to him, stale claims would be encouraged
leading to multiplicity of litigation for
non-prescribing the period of limitation. We are
unable to countenance the contention of the
appellant for more than one reason. Firstly, such
an Act like the Motor Vehicles Act is a beneficial
legislation aimed at providing relief to the victims
or their families, if otherwise the claim is found
genuine. Secondly, it is a self contained Act which
prescribes the mode of filing the application,
procedure to be followed and award to be made. The
Parliament, in its wisdom, realised the grave
injustice and injury being caused to the heirs and
legal representatives of the victims who suffer
bodily injuries/die in accidents, by rejecting their
claim petitions at the threshold on the ground of
limitation, and purposely deleted sub-section (3) of
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Section 166, which provided the period of limitation
for filing the claim petitions and this being the
intendment of the legislature to give effective
relief to the victims and the families of the motor
accidents untrammeled by the technicalities of the
limitation, invoking of Article 137 of the
Limitation Act would defeat the intendment of the
Legislature.”
(emphasis is ours)
Based on the aforesaid determination rendered by this Court, the
High Court, by its impugned order dated 07.07.2015, arrived at the
conclusion, that there being no period of limitation at the
juncture, when the claim petition was filed on 23.02.2005, the same
could not have been rejected, merely for reason of delay.
8. Dissatisfied with the impugned order passed by the High
Court on 07.07.2015, M/s Purohit and Company has approached this
Court, by filing the instant appeal.
9. The solitary contention advanced at the hands of the
learned counsel for the appellant was, that even though there may
no longer be a defined period of limitation, for approaching the
Motor Accident Claims Tribunal, to raise a claim for compensation
(under the provisions of the Motor Vehicles Act, 1988), yet a
claimant must approach a Court, for raising such a claim within a
reasonable time. It was submitted, that after a period of time, the
claim would be stale and will have to be treated as a dead claim.
Such a claim, it was submitted, could not be treated as a surviving
claim. To demonstrate situations when an accident's claim would no
longer be considered to be a surviving claim, illustratively it was
submitted, that in a given case when the evidence to establish the
rival claims, would not be available, for the mere reason of lapse
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of time. Either, the witnesses would not be available, or
accessible, on account of lapse of time, resulting in lapse of
memory and a situation in which truthful evidence can no longer be
recorded. The contention was, that in such background, it was
imperative for the concerned Court, to determine whether, in the
facts and circumstances of a particular case, the claim could be
considered as a surviving claim, on the date when the claim
petition was filed before the Motor Accident Claims Tribunal.
10. In support of the contention advanced at the hands of the
learned counsel for the appellant, as has been noticed in the
foregoing paragraph, learned counsel invited our attention to
Corporation Bank vs. Navin J.Shah, (2000) 2 SCC 628, wherein a
claim for compensation had been raised under the Consumer
Protection Act, 1986, wherein also, there was no period of
limitation prescribed (at the time, when the claim was raised).
Dealing with the question in hand, this Court had recorded the
following observations:
“12.We may further notice that there is
another strong reason as to why the claim made by
the respondent should not have been granted. The
transactions in question took place in the years
1979 and 1981. The difficulties in realisation
of the amounts due from the consignee also became
clear at the time when the claim was made before
the Corporation and the claim had been made as
early as on 19-12-1982. The petition before the
Commission was filed on 25-9-1992 that is clearly
a decade after a claim had been made before the
Corporation. A claim could not have been filed by
the respondent at this distance of time. Indeed at
the relevant time there was no period of
limitation under the Consumer Protection Act to
prefer a claim before the Commission but
that does not mean that the claim could be made
even after an unreasonably long delay. The
Commission has rejected this contention by a
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wholly wrong approach in taking into
consideration that the foreign exchange payable
to ReserveBank of India was still due and,
therefore, the claim is alive. The claim of the
respondent is from the Bank. At any rate, as
stated earlier, when the claim was made for
indemnifying the losses suffered from the
Corporation, it was clear to the parties about the
futility of awaiting any longer for collecting
such amounts from the foreign bank. In those
circumstances, the claim, if at all was to be
made, ought to have been made within a reasonable
time thereafter. What is reasonable time to lay
a claim depends upon the facts of each case. In
the legislative wisdom, three years' period has
been prescribed as the reasonable time under the
Limitation Act to lay a claim for money. We
think,that period should be the appropriate
standard adopted for computing reasonable time
to raise a claim in a matter of this nature. For
this reason also we find that the claim made by
the respondent ought to have been rejected by the
Commission.”
(emphasis is ours)
It would be pertinent to mention, that the claim raised under the
Consumer Protection Act, in the above judgment, was delayed by a
period of 10 years, and even though, no period of limitation was
prescribed, this Court held, that the same was not maintainable.
11. Reliance was also placed on Haryana State Coop. Land
Development Bank Vs. Neelam (2005) 5 SCC 91, wherein, this Court
held as under:
“17.In Nedungadi Bank Ltd.(2001) 6 SCC 222, a
Bench of this Court, where S.Saghir Ahmad was a
member [His Lordship was also a member in Ajaib
Singh (supra), opined : (SCC pp.459-60, para 6)
"6. Law does not prescribe any
time-limit for the appropriate
Government to exercise its powers
under Section 10 of the Act. It is not
that this power can be exercised at
any point of time and to revive
matters which had since been settled.
Power is to be exercised reasonably
and in a rational manner. There
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appears to us to be no rational basis
on which the Central Government has
exercised powers in this case after a
lapse of about seven years of the
order dismissing the respondent from
service. At the time reference was
made no industrial dispute existed or
could be even said to have been
apprehended. A dispute which is stale
could not be the subject-matter of
reference under Section 10 of the Act.
As to when a dispute can be said to be
stale would depend on the facts and
circumstances of each case. When the
matter has become final, it appears to
us to be rather incongruous that the
reference be made under Section 10 of
the Act in the circumstances like the
present one. In fact it could be said
that there was no dispute pending at
the time when the reference in
question was made."
18.It is trite that the courts and tribunals
having plenary jurisdiction have discretionary
power to grant an appropriate relief to the
parties. The aim and object of the Industrial
Disputes Act may be to impart social justice to the
workman but the same by itself would not mean that
irrespective of his conduct a workman would
automatically be entitled to relief. The
procedural laws like estoppel, waiver and
acquiescence are equally applicable to the
industrial proceedings. A person in certain
situation may even be held to be bound by the
doctrine of acceptance sub silentio. The respondent
herein did not raise any industrial dispute
questioning the termination of her services within
a reasonable time. She even accepted an alternative
employment and has been continuing therein from
10.8.1988. In her replication filed before the
Presiding Officer of the Labour Court while
traversing the plea raised by the appellant herein
that she is gainfully employed in HUDA with effect
from 10.8.1988 and her services had been
regularized therein, it was averred :
"6. The applicant workman had already
given replication to the A.L.C.-cum-
Conciliation Officer, stating therein
that she was engaged by HUDA from
10.8.1988 as clerk-cum-typist on daily
wage basis. The applicant workman has
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the right to come to the service of the
management and she is interested to join
them."
19.She, therefore, did not deny or dispute that
she had been regularly employed or her services had
been regularized. She merely exercised her right
to join the service of the appellant.
20.It is true that the respondent had filed a
writ petition within a period of three years but
indisputably the same was filed only after the
other workmen obtained the same relief from the
Labour Court in a reference made in that behalf by
the State. Evidently in the writ petition she was
not in a position to establish her legal right so
as to obtain a writ of or in the nature of mandamus
directing the appellant herein to reinstate her in
service. She was advised to withdraw the writ
petition presumably because she would not have
obtained any relief in the said proceeding. Even
the High Court could have dismissed the writ
petition on the ground of delay or could have
otherwise refused to exercise its discretionary
jurisdiction. The conduct of the respondent in
approaching the Labour Court after more than seven
years had, therefore, been considered to be a
relevant factor by the Labour Court for refusing to
grant any relief to her. Such a consideration on
the part of the Labour Court cannot be said to be
an irrelevant one. The Labour Court in the
aforementioned situation cannot be said to have
exercised its discretionary jurisdiction
injudiciously, arbitrarily and capriciously
warranting interference at the hands of the High
Court in exercise of its discretionary jurisdiction
under Article 226 of the Constitution.
21.The matter might have been different had the
respondent been appointed by the appellant in a
permanent vacancy.
22.Both HUDA and the appellant are statutory
organizations. The service of the respondent with
the Appellant was an ad hoc one. She served the
appellant only for a period of one year three
months; whereas she had been serving HUDA for more
than sixteen years. Even if she is directed to be
reinstated in the services of the appellant without
back wages as was directed by the High Court, the
same would remain an ad hoc one and, thus, her
services can be terminated upon compliance of the
provisions of the Industrial Disputes Act. It is
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also relevant to note that there may or may not now
be any regular vacancy with the appellant-Bank. We
have noticed hereinbefore that in the year 1996,
the vacancies had been filled up and a third party
right had been created. It has not been pointed
out to us that there exists a vacancy. Having
considered the equities between the parties, we are
of the opinion that it was not a fit case where the
High Court should have interfered with the
discretionary jurisdiction exercised by the Labour
Court.
23.For the reasons aforementioned, the impugned
judgment cannot be sustained which is set aside
accordingly. This appeal is allowed. However, in
the facts and circumstances of the case, there
shall be no order as to costs.”
(emphasis is ours)
It would be relevant to mention, that the above judgment was
rendered in a matter, where the challenge was raised under the
provisions of the Industrial Disputes Act, 1947, wherein also no
period of limitation is prescribed to approach the Industrial
Tribunal. Despite the above, this Court arrived at the conclusion,
that a claim raised after a period of 7 years, was not a surviving
claim. And therefore, the claim petition was held to be not
maintainable.
12. Drawing an analogy to the judgments rendered under the
Consumer Protection Act, 1986, as also, under the Industrial
Disputes Act, 1947, it was the submission of the learned counsel
for the appellant, that even though no period of limitation remains
prescribed, after the amendment of Section 166 of the Motor
Vehicles Act, 1988, whereby sub-Section (3) of Section 166 came to
be deleted (with effect from 14.11.1994), yet it would be
imperative to determine, whether at the juncture when the claimant
approached the Motor Accident Claims Tribunal, the claim was a live
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and surviving claim.
13. We are satisfied, that the submission advanced at the
hands of the learned counsel for the appellant merits acceptance.
The judgments on which the High Court had relied, and on which the
respondents have emphasised, in our considered view, are not an
impediment, to the acceptance of the submission canvassed on behalf
of the appellant. We say so, because in Dhannalal's case (supra)
the question of inordinate delay in approaching the Motor Accident
Claims Tribunal, was not considered. In the second judgment in
C.Padma's case (supra), it was considered. And in the C.Padma's
case, the first conclusion drawn in paragraph 12 was “... if
otherwise the claim is found genuine...”. We are of the considered
view, that a claim raised before the Motor Accident Claims
Tribunal, can be considered to be genuine, so long as it is a live
and surviving claim. We are satisfied in accepting the declared
position of law, expressed in the judgments relied upon by the
learned counsel for the appellant. It is not as if, it can be open
to all and sundry, to approach a Motor Accident Claims Tribunal, to
raise a claim for compensation, at any juncture, after the accident
had taken place. The individual concerned, must approach the
Tribunal within a reasonable time.
14. The question of reasonability would naturally depend on
the facts and circumstances of each case. We are however,
satisfied, that a delay of 28 years, even without reference to any
other fact, cannot be considered as a prima facie reasonable
period, for approaching the Motor Accident Claims Tribunal. The
only justification indicated by the respondents, for initiating
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proceedings after a lapse of 28 years, emerges from paragraph 4,
contained in the application for condonation of delay, filed by the
claimants, before the Tribunal. Paragraph 4 aforementioned is
extracted hereunder:
“4.That the Petitioners are poor person and
they have no knowledge about the Law. Also the
Respondent has not pay the single pie towards any
compensation.”
15. Having given our thoughtful consideration to the
justification expressed at the behest of the respondents, for
approaching the Tribunal, after a period of 28 years, we are of the
view, that the explanation tendered, cannot be accepted.
Undoubtedly, the claim (pertaining to an accident which had
occurred on 02.02.1977), in the facts and circumstances of the
instant case, was stale, and ought to have been treated as a dead
claim, at the point of time, when the respondents approached the
Tribunal by filing a claim petition, on 23.02.2005.
16. In view of the reasons recorded hereinabove, we hereby
set aside the impugned order dated 07.07.2015, and allow the
instant appeal, by holding, that the claim raised by the
respondents before the Motor Accident Claims Tribunal, was not a
surviving claim, when the respondents approached the said Tribunal.
17. Before concluding this order, it is relevant to notice,
that by a motion bench order dated 14.09.2015, the appellant herein
was directed to deposit a sum of Rs.25,000/- towards litigation
expenses, payable to the respondents. The aforesaid deposit was
actually made (as has been noticed, in the motion bench order,
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dated 12.07.2016). Since the deposit was made, and was payable to
the respondents, we consider it just and appropriate, in the facts
and circumstances of this case, to direct the Registry of this
Court, to transmit the aforesaid amount of Rs.25,000/- to the
respondents, by way of a cheque, drawn in the name of respondent
No.1.
.........................CJI.
(JAGDISH SINGH KHEHAR)
.........................J.
(N.V.RAMANA)
..........................J.
(Dr.D.Y.CHANDRACHUD)
NEW DELHI;
FEBRUARY 9, 2017.
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