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2020 (8) TMI 841
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....injuries while being taken to the hospital. The appellants (parents of the deceased) preferred a petition before the Motor Accident Claim Tribunal seeking compensation to the tune of Rs. 10 lakhs. Vide order 07.02.2014, the tribunal awarded a total sum of Rs. 2.24 Lakhs as compensation along with interest of 6% p.a. Aggrieved, the appellants approached the High Court for seeking enhancement of compensation. It is to be noted that the aforesaid appeal before the High Court was filed with 45 days delay. In order to explain the same, the appellants herein filed an application being CLMA 6569/2014, seeking condonation of delay on the ground that his wife was ill, which prevented him from appealing in time. 5. By impugned order dated 17.10.2016, the High Court dismissed the aforesaid delay condonation application, consequent upon which the appeal also got dismissed. Aggrieved by the aforesaid order, the appellants herein have approached this Court through special leave petition. 6. The counsel on behalf of the appellants submitted that High Court has acted in an unjustified manner in dismissing the application for condonation of delay. On the contrary, the counsel on behalf of the Res....
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....e case of Vimla Devi v. National Insurance Co. Ltd., (2019) 2 SCC 186 while interpreting the provisions of the Act held that strict compliance of procedures can be relaxed in order to ensure that victims receive just compensation. This court observed therein: "15. At the outset, we may reiterate as has been consistently said by this Court in a series of cases that the Act is a beneficial piece of legislation enacted to give solace to the victims of the motor accident who suffer bodily injury or die untimely. The Act is designed in a manner, which relieves the victims from ensuring strict compliance provided in law, which are otherwise applicable to the suits and other proceedings while prosecuting the claim petition filed under the Act for claiming compensation for the loss sustained by them in the accident." (emphasis supplied) 11. While keeping in view, the general nature of the legislation, it is pertinent for us to have a look at Section 173 of the Act which reads as under: 173. 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 Hi....
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.... conferred upon the donee of the power. If the conditions in which the power is to be exercised in particular cases are also specified by a statute then, on the fulfilment of those conditions, the power conferred becomes annexed with a duty to exercise it in that manner" (emphasis supplied) 16. This Court has firstly held that purpose of conferment of such power must be examined for the determination of the scope of such discretion conferred upon the court. [refer to Bhaiya Punjalal Bhagwandin v. Dave Bhagwatprasad Prabhuprasad, AIR 1963 SC 120; Shri Prakash Chand Agarwal v. Hindustan Steel Ltd., (1970) 2 SCC 806] . Our analysis of the purpose of the Act suggests that such discretionary power is conferred upon the Courts, to enforce the rights of the victims and their dependents. The legislature intended that Courts must have such power so as to ensure that substantive justice is not trumped by technicalities. 17. Secondly, it has been held that if the specific conditions wherein the power could be exercised is also provided in the statute, then the Court must exercise the aforesaid discretion in the manner as specified by the statute itself. In the second proviso to Section 17....
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....r inaction of that party. Justice must be done to both parties equally. Then alone the ends of justice can be achieved. If a party has been thoroughly negligent in implementing its rights and remedies, it will be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly." (emphasis supplied) 20. The Court in the abovementioned cases, highlighted upon the importance introducing the concept of "reasonableness" while giving the clause "sufficient cause" a liberal interpretation. In furtherance of the same, this Court has cautioned regarding the necessity of distinguishing cases where delay is of few days, as against the cases where the delay is inordinate as it might accrue to the prejudice of the rights of the other party. In such cases, where there exists inordinate delay and the same is attributable to the party's inaction and negligence, the Courts have to take a strict approach so as to protect the substantial rights of the parties. 21. The aforesaid view was taken by this Court in the case of Maniben Devraj Shah v. Municipal Corporation of Brihan Mumbai, (2012) 5 SCC 157 wherein the Court held that: "23.....
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....en it defines the commencement and concluding period for challenging an award. This Court in Popular Construction case [Union of India v. Popular Construction Co., (2001) 8 SCC 470] highlighted the importance of the fixed periods under the Arbitration Act. We may also add that the finality is a fundamental principle enshrined under the Arbitration Act and a definitive timelimit for challenging an award is necessary for ensuring finality. If Section 17 were to be applied, an award can be challenged even after 120 days. This would defeat the Arbitration Act's objective of speedy resolution of disputes. The finality of award would also be in a limbo as a party can challenge an award even after the 120 day period." (emphasis supplied) Coming back to the Motor Vehicles Act, the legislative intent is to provide appropriate compensation for the victims and to protect their substantive rights, in pursuit of the same, the interpretation should not be as strict as commercial claims as elucidated above. 23. Undoubtedly, the statute has granted the Courts with discretionary powers to condone the delay, however at the same time it also places an obligation upon the party to justify that he w....