SAPNA AGGARWAL Vs. MOHINDER SINGH

JUDGEMENT

(1.) On 12th October, 1986, one Kalit Mohan Aggarwal, aged 29 years, died as a result of an accident caused by a bus alleged to have been driven by respondent No. 1 and owned by respondent No. 2, Delhi Transport Corporation. Petitioner No. 1 is the widow of deceased Kalit Mohan Aggarwal, petitioner Nos. 2 to 4 are the children of deceased Kalit Mohan Aggarwal and petitioner No. 5 who is aged about 80 years is the father of the deceased Kalit Mohan Aggarwal.

(2.) The petitioners filed an application for grant of compensation under section 110-Aof the Motor Vehicles Act (hereinafter referred to as 'the Act') on 25th November, 1986. Along with this application, the petitioners also filed an application under section 92-A of the Act for grant of interim relief on principle of 'no fault liability'. The Motor Accidents Claims Tribunal on that very day issued notice to the respondent returnable on 3rd March, 1987. Being aggrieved by the long date given by the learned trial Judge the petitioners moved an early hearing application which was dismissed by the Motor Accidents Claims Tribunal vide order dated 15th December, 1986. The case was listed before the court after notice on 3rd March, 1987, however, on that date the respondents sought time to file a written statement. That prayer was granted and the case was directed to be listed on 7th July, 1987. On 7th July, 1987 respondent Nos. 1 & 2 filed their written statement and now the case is listed on 22nd September, 1987 for further proceedings in the matter.

(3.) The petitioners by this petition under Article 227 of the Constitution of India have invoked the supervisory jurisdiction of this court and pray for a mandamus directing respondent No. 3, Motor Accidents Claims Tribunal, to dispose of the application under section 92-A of the Act expeditiously.