KADAMMA ANJANAPPA Vs. MOTOR ACCIDENTS TRIBUNAL BOMBAY

JUDGEMENT

(1.) This petition is directed against the order of the learned member, Motor Accidents Claims Tribunal, Greater Bombay. The petitioners are the parent of one Adivappa, who died in a motor accident. The petitioners filed an application for compensation on 6th October 1960. This application was resisted by the respondent, inter alia, on the ground that the Tribunal had no jurisdiction to entertain the claim as the Tribunal was not set up on the date on which the accident occurred. The learned member has upheld this contention and rejected the claim on the ground that he had no jurisdiction.

(2.) Mr. Mandrekar, who appears for the petitioners, has challenged the legality of this order. For considering the contentions raised by Mr. Mandrekar, we will have to mention a few facts and the relevant dates.

(3.) On the date of the accident, i.e. 7th September 1959 there was no Claims Tribunal constituted for Greater Bombay. The Notification was issued by the Government and a Tribunal was set up with effect from 1st December 1959. According to the view of the learned Tribunal, it was set up nearly 84 days after the occurrence of the accident. The petitioners could have filed a suit in the Civil Court for enforcing their claim for compensation against the respondent. The learned Member says that the Tribunal had no jurisdiction to entertain any application which was filed after the expiry of 60 days from the date of the accident. Sixty days from the date of the occurrence expired on 6th November, 1959. Under the proviso to the sub-section (2) of Section 110-A the Tribunal, no doubt, had the power to condone the delay when the application is filed after the expiry of 60 days from the date of occurrence. The learned Member had some doubt about the exercise of the powers in respect of condonation of delay in cases where the accident had occurred before the constitution of the Tribunal. However, relying on a decision of this Court in First Appeal No.484 of 1960 decided on 17.8.1961 (Bom), the Tribunal held that the claim for compensation can be entertained even if the accident had occurred before the setting up of the Tribunal provided that the application is filed within time. As the Tribunal was not in existence at the time of the accident and as it was not constituted within 60 days of the occurrence of the accident, the learned Member was pleased to dismiss the application as barred by limitation.