MAN SINGH Vs. GAMER REBARI

JUDGEMENT

(1.) This special appeal is directed against the judgment dated 18.10.2000 passed by the learned single Judge in S.B. Civil Misc. Appeal No. 670 of 2000 whereby the learned single Judge has upheld the judgment and order dated 26.7.2000 passed by the learned Motor Accidents Claims Tribunal, Chittorgarh dismissing the Claim Petition No. 21 of 1999 filed by the claimants only on the technical ground of limitation.

(2.) From the impugned judgment and order dated 26.7.2000 passed by the learned Tribunal, it is clear that the technical ground of limitation raised by the insurance company was accepted by the learned Tribunal and it dismissed the claim petition on the ground that though section 166, which provided limitation, was done away from the statute by Amending Act of 1994 with effect from 14.11.1994, the general law of limitation would apply and that the claim petition was not filed within a period of three years from the date of accident, therefore, it was time-barred. The learned Tribunal has also held that along with the claim petition, no application to condone the delay in filing the claim petition late was filed nor any sufficient cause was shown, therefore, it dismissed the claim petition only on the ground of limitation.

(3.) In case of Collector, Land Acquisition, Anantnag v. Katiji, AIR 1987 SC 1353, the Hon'ble Supreme Court has held that when substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred and the other side cannot claim to have vested right in injustice being done because of delay.