Lottala Bangaramma and Another vs M. Andhra Bosu and Others

This appeal is filed by the claimants in O.P.488/95 on the file of the Motor Accidents Claims Tribunal, Vizianagaram, questioning the award dated 26-7-1996 by which the claim petition was dismissed on the ground of limitation.

The appellants are the claimants, before the lower Tribunal. They are the parents of the deceased girl aged about 8 years. On 25-11-1987 the deceased girl was going on a cycle and the lorry bearing registration No. APP 6341 which was driven by the 1st respondent in a rash and negligent manner dashed against the cycle and as a result of the same the deceased received serious injuries and died. The 2nd respondent is the owner of the said lorry and it was insured with the 3rd respondent Insurance Company by the date of the accident. ''As such, the petition was filed by the two claimants who are the parents of the deceased seeking a total compensation of Rs.65,000/-from all the respondents.

On the basis of the evidence placed before it, the lower Tribunal came to the conclusion that the accident in which the deceased died was caused on account of the rash and negligent driving of the lorry by its driver and, therefore, the claimants are entitled to claim compensation. The Tribunal also arrived at the conclusion that the claimants will be entitled for a total compensation of Rs.37,500/-, but, the claim petition was dismissed on the ground that the accident took place on 25-11-1987 and the claim petition was filed on 15-3-1990 and as such the petition was barred by limitation as per the law existing on the date of accident. The respondents have not questioned the award on any of the findings given by the lower Tribunal and they have also not filed any cross-objections in the present appeal which is filed by the claimants questioning the dismissal of the claim petition on the ground of limitation.

Heard both the learned Counsel.

The-accident in the present case took place on 25-11-1987 and the petition for compensation was filed on 15-3-1990 and it was disposed of on 26-7-1996 by the lower Tribunal. In a recent decision of the Supreme Court in Dhannalal v. D.P. Vijay Vargiya Mothers 1996 (3) ALD (SCSN) 53. Their Lordships have held that the question of limitation is a procedural mailer and that in view of the amendment effected by Section 53 of the Motor Vehicles (Amendment) Act, 1994 by which Section 166(3) was omitted in the M.V. Act, 1988, the question of limitation does not arise when the matter is pending before the Tribunal or before the High Court. It is clear from such view expressed by their Lordships that the amendment effected in 1994 will have retrospective effect and the claim petitions being already filed and not disposed of finally by the Tribunals cannot be said to be barred by limitation. In the present case, the claim petition filed by the claimants was pending before the Tribunal, and when it was dismissed on the ground of limitation on 26-7-1996 by which date the above said amendment had already came into force, the present appeal is filed before this Court and the matter is pending till now. Under these circumstances, the claim of the claimants cannot be rejected on the ground that it is barred by limitation. Therefore, the order of dismissal of the lower Tribunal cannot be sustained on that ground and it is liable to be set aside.

The lower Tribunal had also considered the contentions of both the parties regarding the quantum of compensation as well as the entitlement of the claimants to seek compensation and the liability of the respondents to pay such compensation and came to the conclusion that the claimants who are the parents of the deceased are entitled to seek compensation from all the three respondents. The lower Tribunal awarded Rs.37,500/- as compensation which is also just and proper. As already stated above, the respondents have not questioned the findings of the lower Tribunal regarding the quantum of compensation. Under these circumstances, the claimants will be entitled to claim a compensation of Rs.37,500/- with interest at 12% from the date of filling the petition till the date of payment and with proportionate costs from all the three respondents.

In the result, the appeal is allowed and the order of dismissal by the lower Tribunal is set aside, holding that the claimants will be entitled to seek compensation of Rs.37,500/-with 12% interest from the date of filing of the petition till the date of payment and with proportionate costs from all the three respondents with joint and several liability and the said amount is awarded in equal shares to both the claimants.