KASHIRAM Vs. GOPAL AGARWAL

JUDGEMENT

(1.) THE appellants filed Motor Accidents Claim Case No. 9/34 before M.A.C.T. Balaghat claiming a sum of Rs. 1,10,800/ - for the death of their daughter Shashikalabai on 30.11.1985 as a result of an accident involving Matador No. MTI 4848 owned by respondents Nos. 1 and 3 and driven by respondent No.2 which was insured with respondent No.4. The petition was presented beyond the prescribed period of limitation. The learned MACT, vide impugned award, dated 17.9.1984, dismissed the case on this ground of limitation holding that the petitioners were not able to explain satisfactorily the delay from 14.6.1984 to 26.6.1984. We agree with the learned counsel for the appellants that considering the object of this benevolent legislation the authority should construe the provision of Iimit1tion liberally and as far as possible to ensure that a just claim is not thrown out. In the present case, the appellants are village folk and the explanation given by them in their application under section 5 of the Limitation Act is that due to poverty and ignorance they could not approach the claims tribunal in time. In our view, this explanation should have been accepted and the delay condoned.

(2.) IN result, we allow this appeal, set aside the impugned award, condone the delay in present1tion of petition for claim and remand the' case back to MACT Balaghat for disposal in accordance with law. Considering the delay that has already been caused, the tribunal should dispose this matter on priority basis. The record may be returned to the MACT without delay.