NEW INDIA ASSURANCE CO LTD Vs. URMILA BAHRI

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of a learned Single Judge by which he allowed the writ petition and quashed the order of the Motor Accidents Claims Tribunal by which the Tribunal had rejected the application of the respondents for an enhanced claim under Section 110-A of the Motor Vehicles Act.

(2.) ONE Devendra Bahri had suffered motor accident on January 9, 1970, and was injured. An application under Section 110-A was moved by him within limitation. Subsequently, he died on November 11, 1970. His heirs, who are respondents in this appeal, moved an application for substitution and amendment of the original application before the Tribunal claiming enhancement of the claim of compensation as the victim of the accident had died. They also urged that if amendments were not possible, the claim may be treated as a fresh claim. The Tribunal allowed the application for substitution but dismissed the other applications holding that the applications for fresh claim and the enhanced claim were barred by limitation and there was no sufficient cause for condoning the delay. Against the order rejecting the applications a writ petition was filed it has been allowed by the learned Single Judge and the order of the Tribunal dismissing the application for amendment has been set aside. The result of the judgment is that the Tribunal will now permit the amendment to be made in the application for enhanced claim.

(3.) EVEN if the application for a higher compensation by the heirs were to be treated as a fresh application, there was sufficient cause which had prevented the applicants from making the application earlier. Unless death had occurred the heirs of the victim had no right or cause of action for lodging a claim. They moved the Tribunal within reasonable time after the death of the victim. The Tribunal has in fact not applied its mind to this aspect. It should have condoned the delay. There was no justification in the Tribunal's refusing to proceed to determine the claim of compensation by ignoring the factum of death or by shutting out the claim based on this fact. Whether death was the consequence of the accident or not will of course be a different matter. 5. The appeal is accordingly dismissed and the Tribunal is directed to proceed with the matter treating the claim as based on injuries caused during the accident and that the victim has died, and to award such compensation which may appear to be just to persons who according to the Tribunal be entitled thereto. Costs on parties. Appeal dismissed.