R SUNKI REDDY Vs. KHAJA JIYAVODDIN

JUDGEMENT

(1.) Heard both the Counsel. This is a very harsh case. A young boy of 22 years of age died in a motor vehicle accident that took place in the year 1986 and the Counsel appearing for claimants who are the dependants of the deceased boy claimed only Rs.75,000.00as compensation under various heads and the Court awarded only Rs.20,500.00. Even under no fault liability the insurance company has to pay 15,000/-. From this it is seen that the Tribunal estimated the value of human being aged about 22 years only at Rs.20,500.00which is inhuman.

(2.) Though CMA 898/88 was filed against the order of the Tribunal to the misfortune of the claimants the learned Counsel appearing for them has forgotten to pay batta to the respondents and the CMA was dismissed by the Deputy Registrar for non-payment of batta. Thereafter the claimants filed an application in CMP No.8303/99 four years after the dismissal of CMA for its restoration. The learned single Judge who heard the application dismissed the same on the ground of latches. Against this dismissal order, the present appeal is filed.

(3.) Though legally we cannot find fault with the order of the learned single Judge, time and again the Apex Court has reiterated that any order passed by the Court should be in furtherance of cause of justice but not for denying justice. If we confirm this order of the Tribunal which is the result of non-application of mind, innocent dependants of the deceased boy who lost tried earning member of the family will be deprived of due compensation. Therefore, the order requires interference of this Court.