RAMESH BHIMRAO PATIL Vs. MOHAN DAJI MALI

JUDGEMENT

(1.) Heard learned advocate for the petitioner. Though the respondents were served, nobody is present for them. The applicant, who was an injured person, had filed an application before the Motor accident Claims Tribunal, Pune vide m. A. C. P. No. 4 of 1991. It was an application under section 166 of the Motor Vehicle act, 1988. He also applied therein for condonation of delay. The accident had occurred on 24/11/1989 and his application for condonation of delay under section 140 of the Motor Vehicle Act, 1988, [herein after referred to as the M. V. Act], came to be filed on 20. 10. 1991.

(2.) The M. A. C. T. Pune, treating this application as Exhibit 12, rejected the application on the ground that there was no provision for condoning the delay or after coming to the conclusion that the tribunal has no jurisdiction to entertain the application for condonation of delay filed after one year of the accident. It is against this order of the m. A. C. T. dated 28. 4. 1992 the present petition has been filed.

(3.) Mr. Deshpande, the learned Advocate appearing for the petitioner, firstly, contended that when an application under section 140 is made under Chapter X of the M. V. Act, no limitation is prescribed. It is a summary enquiry where the applicant has not to prove any negligence. The amount of compensation is fixed by Legislature which is Rs. 50,000/- in case of death and Rs. 25,000/-in case of permanent disability. The learned advocate Mr. Deshpande pointed out that similarly such section under Old Act was 92-A which was introduced by way of Amendment of 1982 in the M. V. Act, 1939 and very object of introducing Section 92-A was to give benefit to the victims of the accident. The legislature meant to help all destitutes who are affected by the motor accident and not only to those who are pedestrians or their legal representatives and, the object of this section is to speed up payment of compensation on no fault principle. Therefore, section 92-A was treated as a piece of beneficial legislation, providing for an immediate aid to claimants on account of death in an acci -dent and, it should not be allowed to circumvented on technical pleas of joinder, non-joinder or misjoinder of parties.