DHANNALAL Vs. D P VUAYVARGIYA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant while going on road on 4-12-1990, became victim of an accident, because of the rash and negligent driving of the scooter by respondent No.1 (hereinafter referred to as the 'respondent'). The appellant suffered serious injuries and was admitted in Badwah Hospital, the same day. On 7-12-1990, he was shifted to M. Y. Hospital, Indore and was treated as an indoor patient till 27-9-1991. Because of the accident the appellant became permanently disabled, as his left leg above thigh and hip had been fractured. He also lost his services as a Driver. The claim petition for compensation was filed before the Additional Motor Accident Claims Tribunal, Badwah (hereinafter referred to as the 'Tribunal') on 7-12-1991, along with an application for condonation of delay which was of four days only. The Tribunal by its order dated 18-11-1993, condoned the delay in filing the claim petition. The validity of the said order was challenged by the respondent before the High Court of Madhya Pradesh at Jabalpur. The High Court by its order dated 31-7-1995, set aside the order of the Tribunal aforesaid condoning the delay saying that in view of sub-section (3) of Section 166 of the Motor Vehicles Act, 1988, (hereinafter referred to as the 'Act') the power of condonation by the Tribunal has been withdrawn and any claim must be filed within the period prescribed therein. The High Court further observed that by prescribing the fixed period for filing the petition of claim, the intention was that the 'sword of liability of paying compensation in respect of accident caused by motor vehicle should not be permitted to hover on the head of the person owing the said vehicle and person driving such vehicle. It was also pointed on that the position was different under the Motor Vehicles Act, 1939, in which sub-section (3) of Section 110-A although prescribed a period of six months for filing an application for compensation from the date of the accident, but vested power in Tribunal to entertain such application even after the expiry of the said period of six months, if the Tribunal was satisfied that the claimant was prevented by sufficient cause from making the application in time.

(3.) Sub-section (3) of Section 110-A of the Motor Vehicles Act 1939, provided: