NAZIR AHMED Vs. KISHAN NANDLAL BHARDIA

JUDGEMENT

(1.) ORDER dated 30th April, 1986 passed by the Motor Accidents Claims Tribunal, Latur, dismissing Motor Accident Claim Petition No. 38 of 1984 is the subject -matter of this petition under Article 227 of the Constitution.

(2.) THERE is no dispute that the accident took place on 25.1.1984 and in the said accident Khaja, son of the present Petitioner, died on the spot. The Petitioner thereupon filed petition before the Motor Accidents Claims Tribunal under Section 92 -A of the Motor Vehicles Act, 1939 (hereinafter 'the Act'). This application was, however, dismissed on the ground that it was filed beyond the period of limitation and delay in that behalf was not satisfactorily and properly explained. Hence this petition.

(3.) HOWEVER , by way of abundant caution and assuming that there is a period of limitation, I am, in the facts and circumstances of the case, inclined to condone the same. In a matter such as this, where a fatal accident occurs, relief cannot be denied on a mere ground of delay. Better concept of justice requires condonation of delay in such cases and passing orders on merits rather than dismissing claims on technicalities. The whole object and spirit of the Amending Act of 1982 indicating, inter alia, liability to pay compensation on the principle of no fault would stand defeated if claims thereunder are disallowed or rejected on a ground of limitation, all the more when the said claim arises as a result of a fatal accident as in this case.