Jagvir Singh vs Dilawar Singh and Others

Amarjeet Chaudhary, J.—This appeal has been filed by Jagvir Singh minor through Pritam Singh against the order of Motor Accident Claims Tribunal, Ludhiana, dated 17.5.1986, dismissing the application u/s 5 of the Limitation Act for condo nation of delay in filing the petition.

The appellant filed a claim petition u/s 110-A of the Motor Vehicles Act and also an application u/s 5 of the Limitation Act for condo nation of delay in filing the petition. The Motor Accident Claims Tribunal dismissed the application u/s 5 of the Limitation Act by holding that there was no sufficient ground for condo nation of delay in filing the claim petition u/s 110A of the Motor Vehicles Act.

The order of the Tribunal has been assailed on the short ground that there were sufficient grounds for condo nation of delay in filing the claim petition and that limitation does not run against the minor.

I have considered the submissions made at the Bar and perused the paper book.

The father of the appellant had died in the accident on 18.12.1983. The mother of the claimant also died after some time. The grandparents of the appellant who were to look after him had also sustained injuries in the same accident in which his father was killed. The grandfather of the appellant died on 27.1.1984 and thereafter his grandmother died on 25.5.1984. After the death of the grandparents, the guardianship of the appellant was changed from time to time. As such no claim petition could be filed on behalf of the appellant. Ultimately, the maternal grandfather of the appellant, Pritam Singh, undertook to look after the minor and bring him up. When he came to know that no claim application had been filed, Pritam Singh filed the claim petition along with an application u/s 5 of the Limitation Act for condo nation of delay in filing the claim petition. The Court is of the view that the above mentioned facts are sufficient in condoning the delay in filing the claim petition. Had the Tribunal taken into consideration the factual position of the case seriously, it would not have dismissed the application u/s 5 of the Limitation Act for condo nation of delay. It is apparent from the judgment that the Tribunal did not bother to take into consideration the factual position and dismissed the claim petition in a whimsical manner.

In Collector, Land Acquisition, Anantnag and Another Vs. Mst. Katiji and Others, the principles for disposal of application u/s 5 of the Limitation Act have been enunciated. Applying those principles to the facts and circumstances of the present case, I am satisfied that the delay in filing the claim petition was not intentional. The appellant was handicapped to file the claim petition being minor and he has made out sufficient cause for condo nation of delay.

The Motor Vehicles Act is a social legislation which was enacted by the Parliament in its wisdom to provide economic security to the dependents of the deceased-The compensation awarded is neither booty nor a charity. The claimants get compensation as a matter of right for the loss suffered due to the sudden departure of the bread-earner. The Court should not be stringent in approach. Rather, it should be liberal in approach, especially when the interest of a minor is involved and more particularly when parents and grandparents of the minor are not on the scene, i.e., to protect the rights of the minor.

As a result, this appeal is allowed, the order of the Tribunal is quashed and delay in filing the claim petition is condoned. The case is remanded to the Motor Accident Claims Tribunal, Ludhiana, for decision on merits.

Parties through their Counsel are directed to appear before Motor Accident Claims Tribunal, Ludhiana, on 11.10.1994.