ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is to quash Ext. P2 order of the second respondent. The petitioner sustained injuries on 11-11-1989 when he was hit by an autorikshaw driven by the 4th respondent. The 5th respondent and the 6th respondent are the owner and insurer of the offending vehicle KLY 5960. The petitioner filed a claim petition before the Motor Accident Claims Tribunal, Alappuzha, 2nd respondent on 16-1-1991. That application was dismissed by the second respondent. Ext. P2 is the order. The accident admittedly occurred on 11-11-1989. Any petition will have to be filed within six months. There is power for the Tribunal to condone the delay.- That power is only for six months. In short, the application had to be filed within one year from the date of accident.

(2.) ADMITTEDLY the application was filed on 16-1-1991 and therefore, under S. 166 of the Motor Vehicles Act, the application is barred by limitation. Hence, the application was liable to be dismissed, and that is what the Motor Accident Claims Tribunal was done. S. 166 is extracted hereunder: " 166. Application for compensation. (1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of S. 165 may be made. (a) by the person who has sustained the injury, or (b) by the owner of the property; or (c) where death has resulted from the accident by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any. such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application. (2) Every application under sub-section (2) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars as may be prescribed. Provided that where any claim for compensation under S. 140 is made in such application, the application shall contain a separate statement to that effect immediately before "the signature of the applicant. (3) No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident. Provided that the Claims Tribunal may entertain the "application after the expiry of the said period of six months but not later than twelve months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. (4) Where a police officer has filed a copy of the report regarding an accident to a Claims Tribunal under this Act, the Claims Tribunal may, if it thinks necessary so to do, treat the report as if it were an application for compensation under this Act. " The application can be filed by a person who has sustained the injury or by the owner of the property or, where death has resulted from the accident, by all or any of the legal representatives of the deceased or by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased. Therefore, the fact that the person is immobilised or is in hospital is immaterial, as there are other person who can file the petition. Sub-sec. (3) of S. 166 says that no application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident. The proviso gives power to Claims Tribunal to entertain the application after the expiry of the said period of six months but not later than twelve months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. But beyond twelve months, that power also is not there. There is justice on one side and and finality on the other side and the limitation is also part of the law of the land. The legislature thought that there must be a finality for the claim and therefore, it is provided that claim with respect to accident must be filed within six months. If the claim is filed after the expiry of first six months, but within one year, the tribunal is given power to condone the delay, inappropriate cases. In other words after one year there is no power for condonation of delay. The possibility of a person who sustained the injury become disabled to file claim also is remedied, and taken care off in S. 166 (1) vesting power for making claim petition on any agent duly authorised by the person injured or all or any of the legal representatives of the deceased. Therefore, Ext. P2 dismissing the claim petition filed more than one year after the date of accident cannot be faulted.